(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "State of the Cape of Good Hope, in 1822 .."

This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project 
to make the world's books discoverable online. 

It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject 
to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books 
are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. 

Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the 
publisher to a library and finally to you. 

Usage guidelines 

Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the 
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to 
prevent abuse by commercial parties, including placing technical restrictions on automated querying. 

We also ask that you: 

+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for 
personal, non-commercial purposes. 

+ Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine 
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the 
use of public domain materials for these purposes and may be able to help. 

+ Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find 
additional materials through Google Book Search. Please do not remove it. 

+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just 
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other 
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of 
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner 
anywhere in the world. Copyright infringement liability can be quite severe. 

About Google Book Search 

Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers 
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web 



at |http : //books . google . com/ 



\tr 



$t6 t. £5 



Barbara eToUtge ILtirar2 




FKOM THK FUND OF 



GEORGE FRANCIS PARKMAN 

CClRGS of 1844) 

OF BOSTON 



f^ 













P 




^ "-3 ^ 

o 

H 



2t 



I 






^ 



^ 

•>^» 



I 



ft^ 



STATE 



or 



THE CAPE OF GOOD HOPE, 



i^ 1822. 



AT NOS HINC ALII, SITIENTES^ IBIMU8 AFROS. 

TIRO. KC. I. 



LONDON: 
JOHN MURB,AY, ALBEMARLE STREET. 

1823. 



■^K src^^.zz 







Lob4m: Prtntod by C. Roworik, 
Bell-yard, Temple-bar. 






JO 
THE RIGHT HONOURABLE 

DUPR^, EARL OF CALEDON; 

THE STATE OF THE CAPE OF GOOD HOPE, 

IN 1822, 

IS DEDICATED, 

IN TOKEN OF GRATEFUL REMEMBRANCE, 

BY 

A CIVIL SERVANT OF THE COLONY. 



PREFACE OF THE EDITOR/ 



The work, which is here presented to the public, 
was entrusted to me for that purpose by a gen- 
tleman resident in Sputh Africa, and well quailed 
by the opportunities of observation which he has 
enjoyed, during a long abode at the Cape, to 
describe minutely and correctly its actual state ; 
its public establishments; its commercial rela- 
tions ; and the condition of its inhabitants. In 
undertaking and performing the task of Editor, 
I have hoped to render to the public a service 
not altogether unacceptable ; considering the in- 
terest which may attach to an authentic account 
of a colony, important for its position midway 
between Great Britain and the British Indian 
Empire, and the ccdonies in Australasia; impor- 
tant too, for its extent and presumed capacity of 
improvement ; and the consequent sekction of it 
for an experiment of direct encouragement to 
colonization. 

b 



PREFACE. 

In more than one visit to the Cape of Good 
Hope, I have had occasion to see so much of 
the colony, as enables me to testify the author's 
accuracy as to facts ; and the invariable truth of 
his premises ; though the conclusions from- them 
are not always precisely what I might be dis- 
posed to deduce from the same grounds. In a 
few instances, therefore, I have inserted brief 
Notes at the foot of the page; and subjoin 
a few Annotations on topics of interest, upoif 
which I am desirous of delivering my Own senti- 
ments at greater length. It is hardly necessary 
to add, that I am not to be .understood as impli- 
citly adopting every sentiment in the text, from 
which I have not expressly dissented; and that 
I answer to the public for the authenticity only 
of the work, which I now present to its notice^ 

H. T. COLEBEOOKE. 



Dec. 1822. 



ADVERTISEMENT 

TO 

THE READER. 



In offering *' The State of the Cape of Good 
Hope" to the public eye, the writer claims the 
indulgence usually granted to those, who, with- 
out pretension to extraordinary purity apd cor- 
rectness of style, endeavour to give a plain nar- 
rative of whatever may have attracted general 
attention. That the Cape of Good Hope has 
excited a considerable degree of interest in the 
British Nation, cannot be denied; and it may, 
therefore, be hopeJd, without presumption, that 
the attempt of an individual, to lay before his 
readers, an accurate account of the establish- 
ments, and state of that Colony, will be received 
with favour. 

To those, who have assisted the writer, by 
giving him the information which he has required 
on various points, he begs leave to present his 
most sinqere and grateful acknowledgments. 

A CIVIL SERVANT OF THE CX>LONy. 



b2 



CONTENTS. 



Page 

Editor's Peefacs , , , ix 

ApVEETISEMEKT TO THE ReADEB - - xi 

CHAPTER I. 

Introduction - - - - | 

CHAPTER II. 

Sect. I. Government - - - 5 

II. Courts of Law - - - 9 

Courts of Appeal - - - 14 

Court of Vice-Admiralty - - l6f 

III. His Majesty's Fiscal,-—Police - ib. 

IV. Cape Prison ^ - - 20 

V. Landdrost and Heemraden of the Cape District 22 
VI. Matrimonial Court - - 24 

Proclamation requiring Marriages to be solem- 
nized by an ordained Clergyman - 25 
Divorce - r - 26 
VII. Sequestrator's Office - - 28 
Insolvency - -^ - 29 

CHAPTER III. 

Sect. I. Lombard or Loan Bank - *- ^1 

Paper Currency - - • 32 

Discount Bank - - - 34 

Debentures - - ^ 38 

IL Wine-taster ^ ^ - 39 

III. Wine-farmer - - - ' 41 
Auction of the Monopoly of retail vend of Wine 

and Brandy ^ , 42 

IV. Vendue Office t - - 44 



yi CONTENTS. 

CHAPTER IV. 

Sect. I. Burgher Senate - .t.;„,k^.. " . 40 

Municipal Taxes,— Regulation of Markets ^^ 

II. Orphan Chamber - ' ' 56 
Testamentary Laws - " ^^ 
Law of Successions - • ^, 

IIL Printing OflScc - " ' ^^ 

IV. Religion - " " 6Q 

V. Registry of Slaves - ' 1 a. 

Slave Population - " * 70 

VL Government Slave-lodge - " '^ 

CHAPTER V. 

Sect L Office of Inland Customs - ,•' H 

II. Inspector of Government Land and Woods - »^ 

III. The Receiver General - " ° 

IV. The Colonial Paymaster - ' ib 
V. Stamp-Office - - " ,!^ 

* VI. Post-Office ' ' " 87 
VII. Office of Land-Revenue " ' qq 

VIII. Simon's Town 

CHAPTER VL 

* "92 
Sect. I. Agriculture - ' ' q6 

Sheep -- - " ^ pg 

Cows - • QQ 

Horses and Mules - v. 7. g^ 

Tenures of La^d - " ' ^^^ 

Transfers of Land - ^ i. wl ; m/i 

Capacity of the Cape for producUon of Wheat 104 

Population Return for 1818 - J^^ 

Consumption of Corn - ^• . 

11. Vineyards - " . - - :s J"^ 

Consumptionand Export of Wme - J J ^ 

IIL Whale Fishery " .„ , ' n. . - u 

IV, Produce.— Aloes, Hides^ Barilla, Ivory, Ostrich 

Feathers, Horses, Fruits - J^ 

Internal Commerce - . - m 

Coasting Trade - - ^ 

V. External Commerce - ■ ' • 

Proposal for Construction of a Mole in Table 

Bay, to' render it a safe Harbour „, - , ?^* 

Latitude and Longitude of remarkable Places 133 

VI. Custom-'house - - ^ 

VIL Port-Office - - " . . {37 

Vlll. Wharf-Master - - " ^•'^ 



CONTENTS. VU 

CHAPTER VII. 

Page 

Colonial Auditor. — Expenses paid by En^and - 138 

Receipts and Disbursements in 1821 <- - 139 

CHAPTER VIII. 

Cape Town. — Manners, Customs, and Habits of the 

People - . - 145 

Public Buildings ... 146 

Education - - - - 153 

Society -' - - • 154 

Gardens ^ - - « 15$ 

Markets - - - - 159 

Diversions of shooting and hunting - - l60 

Horse-racing - - - - \6% 

Theatre, &c. - - - - l64 

Weddings - - - - l68 

Funerals . . «. . 169 

Excursions from Cape Town • - 171 

Happiness of the Colony - - 17^ 

CHAPTER IX. 

SetUers .... 173 

CHAPTER X. 

Location of Settlers - - - lj83 

Statement - - - - ^. 

Anhexures, consisting of Official Documents, No. 1 to 23 l90 

CHAPTER XT. 

Condition of the Emigrants - - 233 

APPENDIX. 

A. Proclamation concerning hire and treatment of Hot- 

tentots .... 244 

B. Regulations for Crown Trials, or Mode of Proceed- 

ing in Criminal Cases - - 249 

C. Instructions for the Sequestrator, and Ordinance for 

the Judicial Administration of Estates, and Execu- 

, tion of Civil Sentences - - 282 
D* Proclamation for renewal of worn-out and defaced 

Paper-money ... 305 

£. Instructions for Licensed Bakers - 306 

F. Renewed Regulations for the privileged Butchers 308 



Vni CONTENTS. 

Page 
G. Regulations respectiDg the sale of Wines, Spirituous 

and Malt Liquors - - 313 

H. Imports in 1821 • - 323 

L Rate of Exchange, 18l6 to 1822 - 324 

K. Value of Exports • - - 325 

L. Letter of Capt. J. Goodridge, concerning Hoet's Bay 326 

M. Extract of a Letter from Capt. Rous, concerning do. 328 
K. Proclamation for the Introduction of the English 

Language in Judicial Proceedings - 329 
O. Proclamation relating to Testamentary Dispositions 

of Property by natural-bom British subjects 331 
P. Civil Servants of the Cape Colony, — Pay and Esta- 
blishment ... 332 

NOTES BY THE EDITOR. 

I. Paper Currency. — (See p. 35.) - 341 

II. Sales by Auction.--(See p. 42 and 77.) - 346 

III. Religious Instruction of Slaves and Hottentots. — 

(See p. 76.) ... 349 

IV. Agricultural Improvement— (See p. 94.) - 351 
V. Population of the Cape of Good Hope. — (See 

p. 107.) - . - 354 

Census of the Population in 1821 - - 360 

VI. Wine.— (See p. 109) - - 36l 

VII. Abstract of a Meteorological Diary - 370 

VIIL Brandy— (See p. 109.) - - 371 

IX. Fairs.— (See p. 120.) - - 372 

X. SctUers.— (See p. 178.) - - 373 





S.RSttJiM-laJUy 





€^MIVMjff^J. J^LAIV 




of tlie 




1'OXTNTMYA^vOT <IiRAH.Ol\^ TOWK . 




jnnd iLie- 




JdOUTff OF T/iK 0M£AT I'tm I^lVJCK. 




^k^rwi^t^ tic ^^m^fU Sthiaium^Jlf/fir 



Tpifff^'mgnif ffrtdMatiJ^rmjU- 




n^^mi^ rJftJk^^m^^. 



STATE 



Of THE 

CAPE OF GOOD HOPE. 



CHAPTER I. 



In the year 179^> the Cape of Good Hope was captured 
by the British arms, under Sir James Craig; and in May, 
] 797, .Lord Macartney arrived there^ to take charge of the 
government, accompanied by Mr. Barrow, his secretary. 
In 1802, the Cape was restored to the Dutch by the 

E^ce of Amiens; and again taken in 1806 by Sir David 
aird» 

Subsequent to this surrender, but in the same year,' 
Mn Barrow published the second edition of Travels into 
the Interior of Southern Africa, undertaken by him in July, 
1707* in order to collect information for Lord Macartney, 
lately arrived to take upon him the government. 

These, Travels, originally published in 1803, being the 
first detailed English account of the colony of the Cape, 
after its capture in 1795, excited a considerable degree of 
interest ; and the public expectation was not disappointed 
by a work, comprehending every thin^ which came under 
Mr. Barrow's personal observation durmg his tour, together 
with what he drew from those authentic sources and public 
documents to which, it is presumed, being secretary to Lord 
Macartney, he had that unlimited access^ which the jealousy 
of office too frequently denies to other persons. 

Whatever vanations may occur in human affws, the pro- 
perties of a minera], the form of a flower, and the shape of 
an animal, remain unchanged, whether described by Linnaeus 
and Buffon, or by any modem audior. A mountain retains 
its height and figure, and a river its course, unless the one 
be shaken, or the other diverted by some extraordinary con- 
vulsion of nature, of which none have taken place within 
memory of man in this part of the globe. Those portions. 



2 STATE OF THE 

therefore, of Mr. Barrow's book, which relate to the works 
of God, and not to the institutions of man, if originally 
described with precision, ren^ain unatHered ; and to restate 
them in other words, would probably be to describe indiffe- 
rently, that which has been already brought with so much 
ability before the public. 

If there be any thins in the mineral, vegetable or animal 
kingdoms of Soyuth A&ica, omitted or unexplained by Mr. 
Barrow, or by subsequent writers, the public may hope to 
find it supplied in the expected work of the French natu- 
ralist M. Uilande. That gentleman, during the years 1819 
and 1820, formed a collection of the natural curiosities of 
South Africa for the French government, by whom he was 
to be liberally remunerated for the scientific manner io 
which he performed his duty, and by whom also he was 
provided witK funds necessary to enable him to make such 
fndefeti^ble researckefir. Under this powerful encourage- 
ment, M. Lalande sent home the most enlarged and splen- 
did collection that ever left South Africa, in which are to 
be classed 1500 hitherto undescribed insects. 

It is due to M. Lalande to bear testimony to his readi-^ 
ness in communicating information, and in gratifying the 
curiosity of the Cape inhabitants, by a free admission to 
hls^ magnifeent museum. 

After a full acknowledgment of the merit, even at die 
present moment, of Mr. Barrow^S; travels and diose of 
others, it is to be remembere<i that the lapse of y^ars pro- 
ducer change, it not always improvement, in the affairs of 
a colony. The wants of a child are increased* as he advances^ 
toward^ manhood ; Msd the gradual progress of the Cape, 
since 1S0@, has rendered many alterations necessary ancl 
unavoidable. Original establishments have been enlarged 
or abandoned, and new ones formed, better suited to the 
circumstances of the day. 

In addition to the ordinary changes, naturally flowing 
down the stream of' time, events have taken place impor- 
tant in the history of the world, some of which bear viath 
decisive influence on thepraspierity of the Cape. 

The first important event, after the capitulation in 1806, 
was the abolition of the slave-trade. During the occupancy 
of the Cape by the English, from 1795 to 1802, some car- 
goes of slaves were imported, although the traffic Ivas then 
beginning to be odious. Slaves were also landed in 1 807, 



CAPS OF GOOD HOPE. 3 

one year after the second capture^ and one year previoas la 
the abolition ; which, taking place in 1808, may be edit- 
aidered as having at the time some immediate influence ; 
and whicb mast^ before Ihia period, have bad a perceptible 
<^ratiofi on domeatic life, as well as on the habits, mannert 
and nooralt of the inhabitanta* 

The next eivmxit in the order (^ time> is the pasmng of the 
acts of parliament of tl^ Slat July and the 13th December^ 
18)3, which openeid a. trade from the Cape to the East 
ladies^ and included it within the limtta of the charter of 
the East India Company, yet preserving the relative situatioa 
with Europe as to general commerce* 

The third and nubg event, without which both the prior 
and subsiequent onea (whether beneficial or not) wouM 
havje^ become a dead le^er, was* the convention of the 13tfa 
August, 18 14^ dene between the King of Great Britain ani 
the King of die Netherlanda. By t&it treaty the Cape of 
Good Hope, and its territories, were ceded iapeipetiHty to 
Ae British crown, and admitted to share in the itnportance 
of die modier-country,. and in the benefits &i her <lo«imer- 
dal power* 

A femrtb event was the captivity and the detenlibn of 
Napoleon BvLonapmite, at- the bland of St Helena, in 18 A5. 

The immediate and continued necessity of supplymg^^ that 
island with flour, cattle, wine, and othen articles- for the uae 
of the navy, the army, wskd of die captive, vnth has* tvaim of 
£(rilowecs, operated wdtb immense |K)wer on the Cape, and 
has been, the liot4>ed of its productions ;. forcii^ by a C4M>* 
tinned, demand, the utmost powers of its agm^^ure; in 
order to produce com (wheat, barley and oats) for &iittt 
Helena, as vmUL as for its own^ increasing, population. 

The cecent^ deathi of Napoleon caused a^ consideraUe 
revnision, of whidi the effects wosM, in owe of abundai^ 
harvestsy have- beenv mere fatal ta tbe agriculture of the 
colony> hadr not a faunge ^ll«-grown population dropt sud*^ 
denly upon the Cape some months previous te^ Buonaparte's' 
death, prepared to replace, by increased homeoonsoinption 
of its produce, the toss of the market of Saint Helena* 
In Apnl, 1820, and in the following months' of that year, 
ttKH-e than four thOusuKl British subjects errived atthe Cap€i 
Orf Good Hope, having abandoned the land of freedom in 
search of such independency and abundance of food, as they 
consideied to be out of their reacte in Great Britain, but 

b2 



4 STATE OF THE 

which thej confidently, but erroneously, expected to fittcf 
at the Cape, without much labour. 

The last measures, which appear to affect the Cape in 
any degree, are an order of council of the 1 2th July, 1820, 
which permits foreign friendly nations to import into the 
colony their manufactures or produce, except iron, cotton, 
steel and woollens, on equ^ duties with England, and to 
export Cape produce and any manufactures or articles 
landed there; and an act of pariiament of the 2d July, 1821, 
legalizing the Indian as well as other trade, from the Cap« 
Id any port or place belonging to princes, states and coun- 
tries in amity with his Majesty. A most important con* 
cession, opening the Cape trade in colonial or British vessels 
for India goods, direct to the dominions in Europe, Amc 
rica» the West Indies and the Mediterranean, belonging to 
foreign potentates : a trade, which, till this day, (except in 
the case of Malta and Gibraltar,) has been jealously mono^ 
polized by Great Britain^ 

Without pausing here^ to consider the degree in whicb 
each of these ruling events may have accelerated or retarded 
the progress and wealth of the colony, it will remmn chiefly 
with the reader to estimate their separate and oombiaed 
influence, and to draw his own conclusions from the state* 
ments here offered to his notice, assisted by other writings 
on the same subject. 

. Few persons are unacquainted with die various publica- 
tiOAS which have appeared of late, particularly since the 
adoption of the plan for sending settlers to the colony^ 
But as these have been chiefly written for a popular, tem* 
porary purpose, without adding any material informiition to 
that which is contained in Barrow and others, they do not 
teem to interfere with the object of this work; which is, to 
offer to the reader a short but general account of some of 
the principal establishment.^ of the Cape,^ as they now stand 
in July, 1822, together with those remarks which have oc 
eurred to the writer on a general considersition of the state 
of the colonists and of the colony of the Cape of Good 
Hope* 

. It may not be unwelcome to those who regard widi 
anxiety the rise and progi'ess of c(Jo»ies, to compare these 
slj^tements of the population and commerce at the end of 
1821, with those of Mr. Barrow ; nor can it be wholly^^ 
without use to the settler, to be made even slightly ac* 



CAJ»E OF GOOD HOP£. 



qtiainted with the law8> character and government of the 
country of his adoption, and to learn the nature of insti- 
tutions and establishments, differing materially from those 
%o M^ich his attention has been hi^erto directed and his 
obedience required, in his native land. 



CHAPTER II. 



GOVERNMENT— COURTS OF LAW— FISCAL— CAPE PRISON 
—OFFICERS OF THE CAPE DISTRICT— MATRIMONIAL 
COURT— AND SEQUESTRATOR'S OFFICE. 

SECTION L 

Government. 

The executive authority of the Cape b vested in out 
person, nominated by the Crown, bearing the title of 
•• Governor and Captain General of His Majesty's Castle, 
Town and Settlement, of the Cape of Good Hope, in 
South Africa, and of the Territories and Dependencies 
thereof, and Ordinary and Vice-Admiral of the same.'' 

If it be true, as has been observed by writers on political 
subjects, that despotism, or the absolute government of 
one, is bad in principle and good by accident; it must be 
confessed, that accident has greatly favoured the colony ; 
for in a series of governors since 1806, every one has con- 
tributed to the improvement of the colony, and admi- 
nistered power in a mild and equitable manner. 

It would be unpardonable in any one who lived under 
the government of the Earl of Cadedon, to omit paying 
the tribute of deserved praise, to the conduct and cha- 
racter of that nobleman during his administration of power. 
His plans were the result of sound sense, acting upon a 
benevolent and enlightened mind, with a view to the hap- 
piness of others. Three measures of a different nature 
(one adding to the security and moral improvement, another 
to the personal enjoyments, of the inhabitants, and the third 
giving protection to a dispirited and oppressed nation, the 
natural owners of the soil) deserve particular notice. 

The establishment of an annual circuit, through the dis* 



6 <JOVEENMj£NT. 

taut dr^tdys^ of two justices of the ceurt, by rat»tioi)> 
for the fir3t time in May, 1811, bad tbe immediate ^e<;t of 
coQviiuping tbe orderly and wellrdispofled, of the eon^ttnl 
and early protection of th<^ goverameot. It cbedced . tbe 
lawless conduct of the Borderers, and the bitbertp unre^ 
strained violence of the Boers ; both of which, before that 
time, passed unnoticed for a long period, and often re- 
mained wholly unpunished. It did that also, which is gra- 
tifying to the feelings ; for it frequently relieved, by a speedy 
trial, an accused, but innocent individual, from suspicion or 
from confinement, and restored him to character and to 
society. In addition to this annual circuit, Lord Caledon 
made it a part of the bonnden duty of the landdrost, to 
pay an annual visit of inquiry at the station of each veldt 
cornet in his drostdy, and who was instructed to give pre- 
vious public notice of the day of his arrival, in order to 
prepare the inhabitant^ and slaves to bring forward any 
existing complaints for his information and that of the 
heemraden. 

Another measure was productive of domestic comfort. 
Those, who have never resided in a hot climate, can form 
no idea of the blessing of a plentiful supply of water. A 
scarcity of It is one of the curses of South Africa. But the 
springs in and under Table Mountain are abundant and 
pure. These springs, in the Dutch time, flowed into two 
reservoirs in the lowest part of the town; and to carry water, 
for the bare supply of a family, was the entire occupation 
of one slave. JLord Caledon laid down iron pipes, im- 
ported from England, conveying a plentiful stream to 
pumps in every street; thus conferring on the inhabitants 
an invaluable benefit, for which gratitude pours forth ita 
daily and hourly acknowledgments. 

Part of Cape Town is on a hill ; and the Dutch inha^ 
bitants, not miich versed in hydraulics, bein^ assured fhat 
the watet Would be brought up to them, replied " that they 
had seen the English do extraordinary things, but tbej 
were not ao stupid as to believe that water would flow 
upwards.'*'' ' . 

The third measure rescued the Hottentots from a sys- 
tem of hardship and cruelty, practised towards them by the 
Boers, which would, in the course of a short time, have 
extinguished the race. So great was their terror of these 
barbarous masters, that it was in the dead of night, when 



GOVKRlTMtJrt. 7 

anMen by their vindictive etti)doyers» they ventured to 
^bmmnnicate their wrongs^ and to implore the mercy of 
the governor^ at that time on a journey through the fron- 
tier. The proclamation (Appendix A.) was the happ^ 
consequence of this application. Succeeding governors 
4ave, in their tUm^ added new and useful regulations ; but 
pdwfer recently exerdsed is not to be censured nor to be 
applauded, Without the suspicion of malevolence or df 
flattery. Notwithstanding the good fortune of the Cape, 
in the character of those who h^ve hitherto ruled the colony, 
h may be thought, Avit a period is approaching, in whic^ 
the government of one, being bad in principle, may pro«- 
duce that dissatisfaction to which it is thought liable, ^t an 
learlier period than it would have occurred in the gradusd 
)>rogress of society. 

The rising importance of the colony, tmd the sudden in- 
crease of British populsktion, presumptuous if successful, 
clamorous if disappointed, asserting, from the habits of 
tearly life, i, right to canvas, to censure, or to applaud, the 
justice of every afct of government, will teach the inha- 
bitants to bec6me discontented, without the appointment 
of some power standing between the absolute will of the 
governor, and the submission of the governed. 

Acts of parliatheUt renewed for prolonged periods, slnd 
still iit forcie, enable the King, with the advice of hi^ 
i^uncil, to regiitete the tnlde and commerce of the Cape 
of Good. Hope. Various orders in council have been 
issued fok* that purpose, as the necessity arose. Where n6 
order 6f council, or special act of parliament, operates, a prb-^ 
elamation, having the effect of law, is issued by the governor! 
Tb these frequent proclamations, obedience is due \ and al- 
though they must be eventually referred home, to the colonial 
Secretary of state, for approval and confirmation, in order to 
their permanency, yet being acted upon when issued, great 
ahd serious oppression may possibly be felt for many months; 
by the public or by an individual, bccasioiied by the hasty 
or erroneous opinion of one. The Cape is not, as yet, of 
sufficient growth and importance, nor does it afford ra- 
tional expectation of an accumulation of wealth and future 
greatness, sufficient to require a legblative assenibly, * as 

* In every thing except their foreign trade, the liberty of the Ei^sb 
colonists to manage their own affiiirs their own way, i$ complete, it is^ 
in every respect, equal to their fellow-citizens at home, and is secured 



8 .<}OV£RNMCNT. 

18 the case in the West Itidies. Yet it v^ky, in course ot 
time, expect to see the estalblishment of a council, or of 
•ome board, holding pow^ in check, and making a pause 
betwe^ the will lujd the deed of a governor. 

The minutes of a council, on any measure where the 
decision of a governor is, in the council's opinion, ques* 
tipnable, may produce great and beneficial effect^ by cre<- 
ating doubts and forcing discussicm; but above all, by 
throwing such responsibility on a governor, as m^y place 
at baz^d his fame, and the duration of his power, if he 
perseveres in pertinaciously resisting the dictates of good 
sensc^ of reason, or of law. 

There are a secretary and a deputy secretary allotted to the 
government department, appointed in England ; and also 
an assistant secretary, appointed at the Cape. The duty 
S)f the secretary, and in his absence, of the deputy secre- 
tary, is to refer to the governor, the multifarious memorials 
and occurrei^ces of each day, with a precis of every one, 
and to receive his decisions thereon, causing them to be 
put in force. A general correspondence with the offices at 
the Cape, with the magistrates, and with all parts of the 
colony, is carried on by the secretaries. All deeds of 
mortgage are prepared in their office, excepting those to 
the loan bank and orphan chamber ; as are also transfers 
of Fanded property ; all of which are passed before com** 
missioners to the court of justice^ and entered in the pub- 
lic ri^gisters of the office. Grants of land ^re prepared and 
issued ; the financial arrangements of the government are 
conducted, and the proclamations and regulations of go- 
vernment emanate hence. The state of the currency, the 
register of strangers, the detail of vessels arriving and sail- 
ing, and all statistical returns, of population and of pro- 
duce, are objects of the duty of the secretaries. These 
gentlemen are secretaries to g|ovemment, not of the go- 
vernor; nor arp they advisers iq virtue of their situation, 
^ut Qiily SQ aocording tq the poqfideqce the goverpor ^lay 

in the swom manner by an assembly of the representadves of ti^ people, 
who claim the sole right of imposing taxes for the support of the colonial 
^vemmeot. The imthority of this assembly overawes the executive 
power^ and neither the meanest nor the most obnoxious eolonist, as 
Jong as he obeys the law, has any thing to fear from the resentment, 
either of the governor or of any other civil or military o^cef of tl^e 
polony .^MM'f Weaith of NationSy Bookiv. partij. 



I 

' GOVERNMENT. 9 

[ jrepofle io their judgment and capacity, whenever he may 

think it expedient to call for their opinions. 

The attendance of the secretaries is daily ; the entire 
business of the colony going through their office ; which 
acts as the main spring of the machine, forcing all into 
motion. For punctuality and regularity, and for the dis- 
patch of a very g^eat weight of affairs, this o£^oe omnot 
be surpassed. The current business has of late been 

Seatly multiplied by the location of the settlers, and by 
eir impracticability, as well as by the establishment of 
new drostdys, requiring unceasing attention and uninterr 
rupted correspondence. 

The assistant secretaiy receives memorials and papers^ 
acting in affairs of routine, and relieving the secretaries 
from much of the practical parts of business. There are 
also young gentlemen in the office, descended from the 
.best Dutch &miUes of the colony, but themselves bora in 
South Africa, These young Cape-bom Dutch (for it 
would be tboijight an affront to call them Africanders) ar# 
initiated into all colonial transactions in this office, which if 
the nursery, or, as the French would term it, ** la p^pini^re,'' 
for friture landdrosts, and for the heads 9f mmy of th^ 
^departments, 

SECTION II. 

Cowis of Lavh 

The court of judicature consists of one chief justice^ 
and eight justices, with their usual accompaniment of 
secretaries and clerks, 8cc. 

Before this tribunal, the doors of which were formerly 
closed, but to which all persons are now admitted, except 

tending deliberation, the most important civil and criminal 
usiness of the colony is transacted. Five, out of the 
eight justices, make a full court for the trial and determi- 
nation of all civil cases ; and where the chief justice does 
not attend by reason of sickness, or other unavoidable 
cause of absence, or in consequence of any of his' relatives 
being interested in the suit, the senior justice acts aa 
president. Previous to the court proceeding in a civil suit, 
the business is referred to the sitting monthly commissionerji 
who is one of the justices ; in the hope of putting a stop 



lO COURTS OF LAW. 

t6 further e*pense> by effecting a recottciliation, or priviatfe 
arrangement between the partiies. 

If unsuccessfiil, he makes his r^pbrt to the ftill cbiirt ; 
ttnd the suit goes on. If it be for the payment of a bona, 
^r k iiote of hand, unlesi^ the defence rests upon i p6iilt of 
law, the disfendant is provisionally condeiiined to papr the 
debt and ei^penses^ under security for the restitution, if thfe 
t>riiilcipal case be decided in his favour. Except in matteris 
of a very intricate and perplexed nature, the advocate con- 
ducts the bilsiiiess to its final sentence, without ^e assist- 
mice 6f an attorney. 

The pleadings in a contested suit are ill writing, and 
delivered iiito court during the different periods or terms 
assigned to the parties, after which it is placed by order of 
the court, on the pleading roll, ready for judgment. The 
testitnony, or evidence, is committed to writing befohe a 
iibtaty public and two witnesses, and is jto be verified, be- 
Ibrfe a justice, on oath. Before and after such oath, the 
Viritness i^ liable to cross-examination by the adverse 
counsel. The judgment, or decision, of tne court, aftei* 
having heard all which the advocates have to allege in their 
Speeches and replies, is founded upon the colonial laws, 
and those enacted for the administration of justice in Dtitch 
India ; the latter of which were collected in one body, to- 
wards the end of the seventeenth century, under the title of 
** Statutes of India," and declared to be law in this colony, 
by proclamation of February, 1715; and the court of justice 
is directed, in points, where these laws might be found defi- 
fcient, to recur to the civil law (Corpus Juris Civilis); but 
^ there are some particulars in the Dutch law not regu- 
lated by the civil law, recourse must then he had to the 
law of Holland, which the court of justice has been in- 
structed to observe. The decisioh of the court is declarecl 
hy the majority of opinions, beginning with the junior ; 
but, should the number be equal, the chief justice has a 
casting voice. These opinions, and the grounds of tliem, 
are not declared in public, nor is there a suniming up, as 
is done by the judges in England. The deliberations are 
foribus clausis, and the judgment read by the secretary to 
the parties in court, re-opened for that purpose. 

An appeal from the sentence of the court of justice, iii 
all pecuniary matters exceeding the sum of one thousand 
rix-dollars Cape currency, lies before the honourable the 



COURTS OF LAW. 11 

court of uppaia for cnnl eaicts, the ap^elfauit ghringMBUhmty 
for the due (iit>9ecutioti diereof* ' 

The number of advocates is not limited ; they are Cape^ 
bom» the sons of gentlemen from Hollamly or Germany^ 
aetded in the colony^ who baYe been.educated in UoQaud. 
There are amongst them, men of attention mid tftknts, who; 
taking die lead in every otuse^ bear off the prize, whiohift 
a golden one ; for the people are litigiovii ; and law, in nb 
country a cheap cotnonodity, is to very dear at the Cap>ev 
that if a man hold a small prop^iy, likely to be attacked in 
a law suit, it might possibly be a matter of prudence at tb# 
Cape, as elsewhere, to abandon it. to the claimant. 

No advocate, by the regulations of the court, can be 
admitted to plead, or practise, except ^sUch as w«re borti^ 
or are settled, in the colony, and who have taken a degree 
in a Dutch university. It is not to the honour of tM 
learned profession^ that the advocates make out ehsM^ges, 
instead of receiving fees, and that the charges ttfe said td 
be exorbitant, and the taxation of them merely nominal* 

The crown trials are carried on with open doo(», befoni 
dra same court, which then resolves itself into u cri«iina( 
court, by his Majesty's fiscal, ratione officii ; but ds tb^ 
manner of proceeding in these cases has been publidh^cl 
under the order of the chief justice and the c6urt> it wlH 
be more satis£sctory to diose who are observant of <»imina} 
proceedings, to see added, (in the^Appendit, B.) a detail of 
die forms on trials, affecting the lives of his Maje^ty'^ $Ub« 
jects, than to give a short extract of thtt whi^.U iO im^ 
portant. In crown trials, seven meffibers mutt be pi^seut} 
^nd where the offeUee te capital, a majority muM agre^ in 
die verdict If the opinions dre equtl, when more tkM 
seven attend, the prisoner is acquitted. 

These rules of court will be found more fevourable M 
die accused person, than those of Bn^atfd; butitisiilH 
possible not to applaud the humanity of the 65tli afdcle^ 
which allows to every prisoner on trial fot a crii^^ th^ 
liberty of employing an advocate, to examine »ld eirosfiH 
examine witnesses, and to argue for him Od itil jkn^ts of 
law, and generally in his defence^ 

llie penalty of death attaches on conviction, for 
Murder, 
Rape, 

Comiug Money, and 
High Treason ; 



12 COURTS OF LAW. 

and tranf portation, for thefl to a large amotknt, or crines 
of a serious or violent nature^ not liable by the Dutch law 
to death. 

For less crimes, banishment, flogging, or scourging. 
. The court of circuit, established by Lord Cdedon, 
which consists of two justices, who are taken in rotation 
from the whole number, leaves the Cape annually in the 
beginning of September, and having gone through the busi- 
ness of Uie different provinces, or drostdys, returns before 
Christmas. The court of circuit has not the power of 
trying a prisoner where life is at stake, without an especiid^ 
warrant for the purpo^, signed by the governor. 

The vacation of the court of Justice is from the middle 
of September to the middle of N ovember ; but on any un*^ 
expected or urgent occasion, a court is formed even during 
the vacation. 

. In reviewing the constitution of the court of justice at 
the Cape of Good Hope, there does not appear to arise any 
reasonable cause of complaint, nor is there any thing of a 
nature to prevent the effects of a free and impartial trial, 
provided die members aremeq of good sense, of competent 
learning, and of fair discretion ; and provided the members 
of the court are made independent m their salaries, and 
appointed ** quamdiu se bene gesserint." At present, their 
office is held during pleasure ; and those amongst them who 
have sufficient interest, hold a second civil situation. To 
Suisse that individuals so circumstanced can give a free 
judgment, where government is concerned, is to be igno- 
rant of the nature of man. 

. The chief justice, also, is appointed during pleasure ; 
and although it is, not to be. believed, that the suspension 
or removal of such .a person would be risked <m slight or 
doubtful groundftf yet if the possibility of renraval is made 
to weigh, even as a feather, on the mind of the chief jus- 
tice, it ought not to remain. The English judges are made 
independent of the crown, for their, own bonotir, and for 
(Mibln: coi^dence. How much stronger does such neces- 
sity exist, where a reference to the mother-country for re* 
dress under grievance, is doubtful and distant ! 

The complaints of unsuccessful suitors in a court of 
justice will be loud ; but as one ,part^ must fail in every 
cause, the question is, whether any fair ground of censure 
can be alleged against the general decisions of the court of 



COURTS OP LAW. 13 

justice;' and whether, on appeals, they have been more ffe-» 
quently reversed or confirmed. They appear most fre- 
quently to have been confirmed; and in the present extra^ 
ordinary state of the population of the colony, from the 
arrival of so many British settlers^ unacquainted with its 
habits and customs, the greatest admirer of the trial by 
jury must admit, that eight men of character and consi- 
deration, bound to withdraw in all cases where relatives are 
interested, selected from the best educated persons of the 
place, and acquainted with the language and character of 
both nations, are more likely to give a fair verdict, than 
twelire persons accidentally taken from a class of society in 
the Cape, still remaining charged with prejudice, jealousy, 
and family feelings, mixed up with national party. The. 
trtid by jury is the pride of Eiigland, not from any magic in 
the word, but because it at present belongs to England 
alone, to be able to summon, whenever required for public 
justice, twelve men with sound heads, honest hearts, and. 
unbiassed minds, and with firmness of nerve to resist inti- 
midation, and despise cajolery. But this can only be fovnd 
amongst the unconnected individuals of a large and popu- 
lous country ; for the trial by jury does not appear to be 
adapted to a small society. The misfortune is, that Great 
Britain has persisted in thinking her constitution the best 
for every conquered country. The same coat will ndt fit 
every man; and wherever the British constitution has been 
attempted to be introduced by force, the consequence has 
been, the getting rid of Great Britain, and of her constitu** 
tion. 

It is a grave question to decide, whe^er the Dutch law^ 
should still continue to be in force through the ookmy ; 
particularly as t6 the disposition, after death, of the real and 
personal property of Britisb-bom subjects and their de- 
scendants : but there cannot be a doubt in any man's mind; 
now that the colony is British, that Ae decisions of the 
eourt of justice, and the arguments of the advoeateff, o»ght 
to be carried on in the &iglish language at a very early^ 
day; and that the advocates and chief justice, on any future 
admission, should be barristers of an English court. 

•These regulations, aided by ^ acts of parliament and pro- 
clamations, which take place as occasions require, will, by 
degrees, bring the decisioira of the court nearer to English 
practice; whilst, by the constant intermarriages of the 



14 COURTS OF LAV» 

English wkh the Cap^-born^ and by an increased popa- 
latioii of tb^ settlers, the Cape will, at no very distant pe- 
riod, have become so completely anglicised, that &ttish 
babits^ laws, asad lai^uage, will be considered most con- 
geniid to the feelings, and best adapted for the kitsreisrt and 
hi^pinfiss of the colony. Until this situation of things 
arriveji, &ose who have deeply considered the subject, 
h<^wever partiid to a gradual adoption of English laws, as 
^ccaaioQs may ariise» are adverse to a hasty and forcible 
jntFodw^on c^ the whole body of English jurisprudence. 
. 'Ehe;sal«ffy of the chief justice, at this date, asioints to 
AMX> rix-dollars, not 700/. sterling money ; a poor remu- 
Iteration for so higb and honourable an office. That of the 
JMSticea, to 4,^i50 rix-dolkirs. 

i ^T^ rewavd them propedy for their services, ami to make 
Ibese public oiBcecs mdependent oif gov^tnaenl; no rea* 
^onable man wiU oonsidec doubling the salary of the. cbief 
JMslice* and of the justices, as more than barely sufficient to 
«naJblfi thanit to presea^ve their independency, and to render 
Ihejff acceptance o( any colonic situation, not appomted 
6m^ home, nult and illegal. 

Courts of Appeal. 

Thsbs are two courts of appeal from the decisions of 
tilb^^ioiirftaf jttstice; the one in criminal cases; the other in 
itkf'A cases, wbere the value in dispicte ia not less than on^ 
thousand rixrdollars. 

In the criminal court, the governor is aided by an 
a^Sftsaor,. who is a barrister. The pleadings smd docu- 
ip««ts .of the parties which have been bnought into cour^ 
|(Q through, their r^ular tenns ; and on the day notified 
lO) the Ca(>e Gazet^> the court sit8> attended by the 
adivocates of the contending parties, who are not per- 
mitted> in that stage of the business, to make additiooak 
observatiQiis, or produce new. documents. The sentences 
o£ tj^is court are definitive, reserving to the governor the 
i^htof pardon, or postponement of a sentence. 

In thexouvt of appeal for civil cases, the various plead- 
ings ^ on in like manner, through their usual periods^ or 
tenns^ On the day appointed for a decision, this court,. 
wdbidiGonsist&of: the governor alone, attended by the sct^ 
cTfitacy^ of tltt court, gives .judgment. Whether it be, that^ 



COUgTS 01 AFPEAl'. 15 

property^ which sustains life^ is of less value than life itself, 
or that an appeal lies to the King in council, there is no 
assessor to the court in civil cases ; and the court, that is^ 
tb^ governor, de<;ides according to his owq view ol the 
case. 

There appe»r to be tome solid objections to the oonsti- 
tutioa of these two courts of af^>ea). In the crinvnal court 
there is an assessor, who, being a barrister^ is presumed to 
be fully coo^petent to advise tlus court of appeal, in cruranat 
cases, as to its judgment, according to British law;^ but 
as the Dutch law is at present in force through the colonyj 
and as, by that law, every one ought to be acquitted or 
condemnec^ it may- be thought that, m justice to the par^^ 
a D^tdk advocate ought to attend as an additional assessor* 
But what is the court of appeal for criminal cases i It is 
the governor aione ; — the same iadividoal, who, appearing 
in coiurt as the legislative: authority, assumes the executive, 
when be departs from it. This unconstittttiOBal state oP 
things did m^ exist tiH of late. The lie«tenMit-govei<i|j»r 
heretofore was a member of tlbe courts of ^ypei^, bMt there 
being now no suck authority at the Cape, the governor 
simly constitutes the criminal and civil courts. 

£1 the c^ court, where there is no assessor, the deei^ 
sion of law-points, acting on krge masses of property, rests 
on one individual, who is not a lawyer* Solomon says, i^ 
the muhitttde of councilors there is wisdom v and althoiigk 
the converse of thiq proposition may not hold in all cases, 
yet it is desiraUe, tkustt grave matters shouki be decided by 
more beads than one. It may be urged, that there is a 
final appeal t)Ot the King in council. This is a keavy ex!- 
pense, and of tedious issue, o^len brought on by the wery 
circumstance of there being no assessor. Suitors wouU 
frequently rest satisfied under a sentence, when they knew 
it to have been advisedly given under the direction of 
counsel. 

In this court, composed as it is of one judge, however 
great his abilijties^ aad that jud^ usuiUly a ipiutQX}^ c^er,. 
t^ere is aat the nec^ssaiy <{Qnidence; and (wjbach. » of ex-, 
tieme impoxtaoce tx> courts, of law) public opinion is. not 
in favour of the coucta.of apip^a], modettsd 9» tkey now are. • 



16 COURT OF VlCfi-ADMlRALTr* 



Court of Vice' Admiralty. 

The court of Vice- Admiralty of the Cape of Good Hope 
consists of a judge, registrar, marshal, kmg's proctor, and 
proctors ; and is of considerable importance in time of 
M^ar. In peace it has little business, and that little is in-- 
vaded ; for, in cases of forfeiture, or seizure of ships or 
merchandize, for breaches of custom or navigation laws, 
the court of justice claims a concurrent jurisdiction. There- 
is a race, therefore, upon all such occasions, between the 
king's proctor and the fiscal, for the priority, of getting the 
matter into court. For, as the first blow is said to be half 
the battle, the court which entertains or issues the first pro*- 
cess, exierts the right of judgment in the cause. 

There appears to be an unreasonable assumption of 
legal power in the court of justice; as the establishment of 
the vice-admiralty court by the English government, sub*' 
s^uent to the capitulation,, seems to have superseded the 
judicial power of the court of justice in all maritime affairs ;. 
but power once exercised is given up with reluctance. 

Within these few months, application was made to the 
Eki^^h government for a decision upon the rights of die 
discordant courts. The answer corresponded with those 
of the PydiiA of the oracle of Delphos, which, being of a- 
double tiature, were under one interpretation received by 
the supplicant, as conformable to his hopes or wishes. 

The vice-admiralty court is independent of the colonial 
government ; and the appeal from its decisions as a prize- 
court, is to the Lords Conmiissioners of Appeal; and aa. 
an instance-court, to the high comt of Admiralty and De-^ 
legate^. 

SECTION III. 

His Majesty's Fiscal. 

The Fiscal is an advocate of the court of justice, hold* 
ing a situation, with respect to government, something 
similar to that of attorney-general in England. In that 
capacity he is, ratione officii, public accuser and prosecu- 
tor ; and all suits in the court of justice, on the part of go- 
vernment, are conducted by him. He prosecutes, also, in 
all matters of revenue and breach of custom-duties^ or 



HIS majesty's fiscal. 17 

smuggling; aod receives foe his share, oQe-lUrcl of 4he ^o- 
ceeds of the fines or forfeitures. The acuteness of a law-' 
yer, whetted by a prospect of gain, and aided by the greedy 
watchfulness of an officer of customs, appear to be dreadful 
odds against a defendant. 

The fiscal is not allowed to plead the cause of any in- 
dividual in the civil court. He has occasionally, so done 
for public bodies, such as the India Company ; but even 
then, he must have expreas permission of the court, for th» 
occasion. 

There is one privilege assumed by the fiscal, so odious 
aa to attract the notice and censure of all v it is strange that 
a sense of proper feeling haa not tau^t him to abstain 
from such a pretension,, or the court to disallow it. In all 
trials, even in those in. which be is personally engaged, he 
lissumes a seat on the bench, tie^t to the chief justice ; and 
it arouses indignation to see the public prosecutor in a 
situation where he can privately converse with, or make 
occsksional remarks to, tbe first magistrate, trying, a prisoner 
perhaps upon a capital offence. What acute feelings must 
this create in the mind of the unhappy individual, who, 
whilst tremJbling for his life> perceives Uie adversary at the 
ear of the judge! 

It is not said, or intended to be intimated, that any un- 
due advantage is taken » but the public mind is disgusted 
with the appearance of an unfair and cruel proceeding. 
Let the vanU^ of .office be gratified by a distinguished 
situation, but let not the prosecutor be lodged at the elbow 
of the judge. The attoraey^general of England has a silk 
gown, and an appropriate place, but not upon '* the judg^ 
ntent-aeat.'' 

A second in^ropriety, to call it by no harsher name» 
is observed in the fiscal addressing the full court, or 
tbe commission, whilst sitting on bis chair. In England, 
the judge alone speaks in that posture ; and such presump* 
tion in an advocate, for such is the fiscal, appears as disr 
gusting as it is unbecoming towards the court and the bar.. 

The entire direction and management of the police of 
Cape Town rests on his Majesty's fiscal, aided by two 
deputies. He examines into all offences against the peace 
of the town ; and as the slave population is under his im- 
mediate charge, he punishes irregularities, or breaches of 
ike peace; by instant commitment to prison^ and by flogging, 

c 



1$ HIS MAJESmr's tlMAf.. 

tn proportion to die offeiicc; b«it be must sttite the cif^ 
camstances to the court of Justice, on its next meeting* 
Such is the awe of a fiscal m the breast of slares^ that, 
were the governor to pass by during a street quarrel, the 
disputants would persevere ; but, on a mere report of the 
fiscal's being near at hand, all i» instantly hushed to peace 
and order* His power over the white population is limit' 
ed ; for, if he feels it to be necessary to place a free person 
in custody, he is bound to report tlie circumstance to the 
court of justice within twenty-four hours. 

When matlers, having a tendency to disturb the quiet of 
the community, come to the knowledge of the fiscal, hd 
ha», or assumes, the right of sending for the parties, al- 
though free persons, to his office, to inquire, and to act 
accordingly. In giave accusations, he prosecutes before 
the assembled court, and, having stated his case fuHy> 
claims (for thai is the priifessinuai espressiou) die punish* 
meat of the ofiender, in the manner prescribed for that 
special offence, whether by British order of conncil or act 
of parliament, — by the Dutch Indian law, or by the Corpus 
Juris Civilis* ^I'he prisoner iben commences and con* 
eludes his defence, in person or by coui^el, and the court 
afiirms or rejects the claim of tlie fiscal, in whole, or in part^ 
according to its judgment. 

His ^lajesty's fiscal, as first law ofBcer of tlte crown, is 
required to give his legal opinion, in cases which appear to 
the governor to be of a doubtful nature. His oihei: duties 
are various and important. He is powerful to punish the 
slave, and to accuse the free man. He may bring forward 
daises tyrannically, or withhold them conruptly. He may 
lease one part of the society by little vexatious police regula«> 
tions, and indult^e another part in less venial acts. He may 
stare at the faults of ome, and blink at the crimes of amMiefv 

It is, however, gready to the honour of those who hav^ 
exercised the office of fiscali that no insQmce is oo rscprd; 
in which any one has been convicted of undue partiality, 
or of abuse of power; but it would He witUiolding thei 
truth not to add, that the judgment is^ not as yet accurate 
enough in this colony, to distinguish between a man and 
his office; and that a fiscal is, ^'ratione officii,'' detested 
by the people. Such indeed, even in many persons of a 
better station, is tbe disinclination towards an individual 
who passes life hi seeking out and attacking the frailties^ 



ms majesty's fiscau 19 

as well as the crimes^ of mankind^ that though a fiscal may 
be acknowledged to do no more than the duty for which 
he is paid, and to do it mildly ; yet the kind fellowship of 
society, and the warm affections of the heart, are rarely 
poured forth towards him, in the same degree as they are 
towards other individuals. 

The senior deputy fiscal acts in the daily office, which 
is the Bow-street offyae of the Cape, attended by all its 
natural accompaniment of constable and culprits. 

The police-officers (properly callcfd, Justitie Dienaren 
and Kaffers) heretofore were armed with swords ; but they 
were found to be *' swords in the hands of madmen ;" and^ 
in consequence of some outrageous acts, they are now per- 
mitted only to carry staves. These men are the refuse of 
the Cape population, drunken, worthless, and inhuman^ 
frequently selected from the convicts banished to Robben 
Island ; and the best title to be a subordinate in the de- 
partment of justice, is to be a notorious villain. Notwith- 
standing all this, the police of the town is good. After 
gun-fire, (9 o'clock p. m.) a better conducted class of watch- 
men go on duty, and any slave showing himself without a 
lantern, or special pass, unless attendant on his master or 
mistress, would be instantly sent to prison till the morning. 
During the wliole night, and indeed at all times, the most 
defenceless person, male or female, may walk unattended 
through the Cape Town, without danger of insult or 
injury. 

The number of daily petty disputei^ and quarrels between 
slaves, and also between inhabitants of the lower sort, are 
without number. To these the deputy fiscal gives his pa- 
tient attention. He tries to accommodate and settle the 
disputes^ and to bring the parties to reason, if he can ; 
— where he cannot, he uses his. authority, and coerces when 
he cannot persuade. It is his hardest task here, as else- 
where, to pacify and reconcile discordant females, whose 
eloquence and clamour equal that of the most able profes- 
sors of Billinsgate. 

All other matters of a slight nature, which do not re 

Juire the hand of a master, are also referred to the deputy 
seal. 

The Junior deputy fiscal pays his chief attention to the 
provincial business, much increased by the late arrival of 
disappointed settlers. He is also prepared to take any 

c 2 



So 



HIS MAJESTY S FISCAL. 



other part of the duty, which the engagements of the fiscal 
may compel that officer to confide to his management ; and 
also to give his assistance for the dispatch of that heavy 
weight of police duty, which the diligence of office can 
keep under with difficulty. 



SECTION IV. 

Tronk, or Capt-Pruon, 

This prison, which is for both town and district, and 
known at the Cape by the name of the IVonk^ a Batavian 
appellation, has been lately enlarged, and made more com- 
modious. Unfortunately, as society increases, crime and 
Icnisfortunes keep pace. Criminals and debtors are both 
immured within these walls, but in distinct parts of the 
building. 

The Tronk is under the more immediate management of 
the deputy fiscal, but subject to the superintendanoe of the 
fiscal. The apartments are clean, and well adapted to se- 
cure prisoners, without placing them under unnecessaty 
restraint. There is abundance of water within reach ; and 
cleanliness and good order appear to prevail. The situa- 
tion, having the front towards the Grand Parade, and the 
back towards Table Bay, is salubrious ; and there is a me- 
dical attendant on daily duty. 

The criminal prisoners are separated from each other, 
till after examination ; and male and female prisoners are 
in different wards. The trial of a prisoner is almost im- 
mediate, as the court of justice is prompt in taking cogni- 
zance of crimes brought forward by the fiscal. 

The allowance to criminal prisoners is one pound of 
meaty one pound of bread, * half a pound of rice, and one 
penny for vegetables in soup. Prisoners are allowed to 
work, if so disposed, and may see their friends at seasonable 
hours. 

The allowance to debtors is, one pound of bread, half a 
pound of meat, half a pound of rice, and one penny for 
vegetables. The expense of maintaining a debtor is borne 
by the creditor who imprisons him. 

No man can be kept in jail for debt after the age of se- 
venty ; and if nature has forborne to claim her payment 
before that time, the laws of the colony compel a creditor 



TRONK, OR CAPE-PRISON. 21 

fo Auffer agcLto linger free from imprisonmeiit, and with 
«uch peace as poverty can bestow. 

There is a chapel, but no religious attendant of any per- 
«uasion» attached to the prison eftablishment. Zealous 
missionaries have occasionally vimted individuals ;. and the 
Malay priest attends thpse of his persuasion : but so var 
rious are the sects of this motley colony, that it would be 
impossible to meet the spiritual wants of all, by the ap- 
pointment of one chaplain ; and having provided a chapel, 
it may be most judicious to leave it open to the devotion of 
every religious persuasion. It is much to be wished, but 
it cannot be expected, that it may never be found neces- 
sary to appoint a regular protestant divine to this service ; 
though, were any unhappy man now to require spiritual com- 
fort, the colonial chaplain, no doubt, would readily attend. 

The only arrangement which appears improper is, that 
the day of the monthly visit of the commissioners of the 
court of justice, accompanied by . the fiscal, is previously 
known. The commission ought to make its visit on an 
unfij^d day, when no expectation to the jailor is held out ; 
and the attendance of the fiscal is highly improper. The 
individual, who, in his public character, is powerful enough 
io commit to prison, and order the infliction of punishment 
on slaves, ought not to be allowed to be present, and to 
overawe, when members of the court of justice inquire into 
the abuses of power, possibly committed by himself. 

It is not meant to be inferred, that abuse does exist ; on 
the contrary, every thing appears praiseworthy. 

The total number of crimmal prisoners committed to the 
Tronk in 1820, amounted to 1 13 ; viz. 102 males, and eleven 
females ; in a town and district comprising a population of 
£6,000 people, half of whidi are slaves and Hottentots, be^ 
sides the army, navy, merchant seamen, and strangers. 
There were six persons sentenced to transportation, four 
of whom were for theft, one for an assault and battery, and 
one for fraud; and nine condemned to death. In 1821, 
the number committed was ninety-one, (eighty-three males, 
and eight females,) of whom six were sentenced to trans* 
portation for theft, and eight condemned to death. The 
total capital condemnations of 1820 and 1821, all of which 
were for murder, amounted to seventeen ; viz. nine Hotten*- 
tots, one Boschman, one prize negro, one European, five 
slaves ; three of which were remitted. Of this number, the 



2$ -TROI^K, OR CA^C-PflfSO^. 

'European differed for ric^^ and itHird^ ib R^bbeii I«iaiid, 
(the receptacle for conviets,) in an attempt to eiseape.* In 
1-890, tfiere were nine debtars eonfined for a short temr; in 
1821, there were eleren. On the 4th of Mardi, IHSHB, one 
debtor only remained. In South Africa^ the confineraenft 
lyf a d€;btot* has net 'as yet heen considered as the most 
prompt way of enaMing him to discharge the demands of a 
creditor. 

Th^re is a diief jaSor, three inferior ones, a beokfeeepet ^ 
•and a « warm of dienars, or constables ; aU of whom area|ir- 
^ointed, paid^ and removfMe by the colonial govemm<snt. 



SECTION V, 
Lmddntstand Heemmdm of the Cape Distnct. 

T«E fcnddroat, who is the chief officer of the district, or 
•droBtdy, holds, together with siix heemraden, as a»ee«sor», 
;a conrt for petty cases, both criminal and civil ; and also a 
matrimonial court* 

The dvil court and the matrimonial court meet every 
:iinirteen days, on Satarday* The criminal court, as fre- 
<^ently as business <requipes it so to do. 

In the criminal court for petty offences, the landdroiK 
must always preside ; and three members constitute a cowt 
for the dispatch of business. They punish by flogging, im- 
prisonment,, solitary confinement, hard Isrbour, fine, bonisb- 
anent, and transportation. An appeal from tln^ir sentence 
dies ^ to the.eourt of justice, and finally to the governor, m 
iris court of appeal. Five membeps form a civil court, 
•of which the landdrost is not necessarily one. They decide 
4int8 for sums n^^xeeeding three' hundred rix-dolkrs. Cape 
ourrency. JPipm jfhis cowrt there 4s an appeal to the full 
Bonrt, and thence to tlie court of appeal. In both ciVfl 
4nd cuiitiinalicourts, flie landdrost has a casting voiee. 
. The landdros t has great weight and power in his^provinee, 
-or dfostdy. He is chief magistirate, to whom every com- 
plaint and grievance is brought, and before whom disfmtes 
AI^DUtlaiui niust be adjusted. He has cognisance of all 
^asBsof noad^, ways^and water-courses, n* the first instance, 

* Th^ law 8eat«nces men to be hanged^ and women to be strangietj. 



and allotments of lands to be granted by goverament are 
referred to him and the heemraden^ assisted by the veldt- 
cornet to show the bouodams, and by the government 
surveyor. The landdrost and heemraden have other duties 
to perform in their droatdysy not very dbsimilar, in many re- 
spects^ from those of the lord lieutenant, and justices of 
|>eace of different counties in England. 

The veldtcornets are appointed by tlie laoddbDOSt^ a^d 
.nauaUy reside in fMurts di^ant from the drostdy hoMse* 
One of then* duties is to attend to ihe quarrds betwee|» 
jnasters, servants and slaves, and to accommodate them, if 
.possible. They idso puniah for small offences; bi}t in se- 
fious or difficult cases they refer to die landdrost ancl heemr 
raden, as their . power does not go beyond that of flogging 
ralavtes. These officers have no salary, but are exempt from 
4axes and personal service in the commando, &c. They are 
entitled to a loan place, free from quit rent ; and if they 
thave no loan place, to twenfy-five rix*doHars per annum 
.from government. 

The landdrost is selected by the governor, and remove- 
able at pleasure. The board of heenutiden makes an 
election every year of two new members in the room of the 
•two senior members, who retire. Four persons are prima- 
irily elected by the majority ; out of whom government se- 
lects two. There is no special salary for this duty paid to 
tthe board, but the knddrost and heemraden are entitled 
.to oertain fees, when they travel to inspect lands in dispute, 
-or those granted to individuals by government. 

The court of landdrost and heemraden appears, on the 
^mhole, well calculated for its different purposes, and is in 
.f epute with both En^sh and .Dutch. 

The manner of electing the heemradcai is not qntie as 
indepeaident as might.be wished, yet they goMrally are se- 
lected from Ibe most respectable burghers, who have pr^ 
perty and character. 

It is true that an Englishman has been rarely called to 
the office of heemrad, except in the new drostdy in Al- 
bany, where the settlers arer^ located; but, as in the old 
drostdys the greater part of the duties of the court relate to 
ikmds and oi^er matters more in cognizance of the Boers, 
and are regulated by Dutch laws, there does not appear to 
be any necessity for alteration under the present systena of 
the colony. . • 



24 LAiJDDROST And H££MR AD£N. 

SECTION Vi. ; 

Matrimmnai Courts 

The landdrost and heeimraden form also a matrimonii^ 
courts which site every other Saturday. Before it ali per- 
«on9 must appear previous to the solemnization of msmriage^ 
^or can banns be published in church, or a. special license 
be granted, without producing the certificate of this court. 
Here are registered all marriages contracted at the Cape ; 
and to this office; not to the church, is applkatton made for 
the legal copy of the registry of a marriage. ' 

Any lady, passenger on board of ship, who may have been 
persuaded by a fond admirer to give her consult to be maiK 
ried on arriving at the first land^ is hurried dn sh^re by ker 
impatient lover, and attending at the matrimonial court, is 
surprised to be unable to reward with her hand his ardour, 

until she has satisfactorily answered certain questions pro- 
posed by the demure president^ which are ordered in all 
cases to be put to hoik parties* 

Where were you bom I Where do you reside ? How 

-old are you ? Are you a Christian, and hot a Heathen or 

' slave? Are you engaged to any odier person by promiae 
of marriage, or otherwise ? Are you perfectly free to 

»manry? Have you been married before ? Have you any 
children living ? Are yon related to eacii other in the de- 
•grees of affinity forbidden by law ? 

. If, after appearing to listen with temper to these inlenio- 
gatoriesy and havinggiven suitable answers, the impatience 
or the coHveiiiency of th^ parties cannot endure the lapse 

-of three Sundays for the publication of banns, recourse is 
had to the Secretary's office, situate in the same public 
building, for a special license, with which they are indulged 

^at the low price of two hundred rix*dollars, and, as- the 
church is close at hand, die parties may be married imiri^ 
diately, provided due notice to attend has been given to the 

■ ^l^rgyman: 

Thus, at the Cape, for a sum of between two and three 

' hundred rix-doliars, a man may, in a few hours, be made 
happy for life. 

It was usual, a few years since, for an officer of the 
church to call in forin on the parties, to congratulate them 



liTATfllMONlAX'GOUBl'* 38 

on tiieir marmge, wiflrlmg theai health aail bappineas/ for 
doing which, the philanthropist expected a douceur of the 
~8ihall sum of fi?e ri^E^ioUara. 

The '•well wiaher*' having departed thia Ufe^ no oMttf 
'e'quaHy kind and affciclioiiate diapoaition baa eteded bimsdf 
into office> and the benevolent custom ia ia al»ey«Bee* 
< • it ia beiievied thai none feel the abtuRdity of thia atrisg of 
questions to the parties more than the court, but it is the 
law of marriage as established at present. It would be ju- 
dicious in government to allow the court to renounce a 
part of this farce, at least so far as the Engli9h are coo- 
cemedy without dotn^ awaj the necessity of a registry in the 
court, although marriage be now solemnized by a dergymaa 
in the church. 

From the year 1805, until the 26th April* 1806, no other 
form was required to legalize marriage, (han the cereaumiea 
of the matrimonii court, it being till then cxmsidered 
merely as a civil contract by the Batavian Republic, which 
regulated the proceedings of the established Calvinistjc 
Chureh at the Cape. The spirit of oppression, however* 
acted with its usual acrimony towards dissenters , for the 
'Lutherans, who have also their church at the Cape, were 
compelled to be married a second time before the court of 
justice, after havinggone through the first ceremony in the 
matrimonial court. 

There exists no greater indulgence from one sect of pro* 
' testant dissenters towards another, than towards the Romish 
Church. Such are the effects of religious controversy. 

On the a6th of April, 1806, Sir David Baird sent both 
parties, Cfdvinists and Lutherans, to be married at church, 
or the mstrriage v^as void ; and thus settled the dbpute by a 
pious proclamation. * 

♦PROCLAMATION 
By hb Excellency Major General Sir David Baird, Knight of the 
most Noble Order of the Crescent, Cdond of the 54th Regiment, of In- 
fantry^ and comraandiug in chief his Britannic Majesty's troops in the 

; settlement of the Cape of Good Hope : 
■ Whereas, in the rccnlations issved'by the late Batavian GoTtemmeDty 
dated September 30&, 1B04, it is ordered and decreed, that in the 
country districts of this settlement marriages may be solemnized by the 

' several Lauddrosts and Heemraden, widu>ut the ceremony being per- 
formed in a church, or at the usual place of divine worship : aiid 
whereas, the above regmlations were ordered (by a resolution of |lie go- 

- VenMr and dounoil,. dated January 5, 1806) to be adopted also in Cape 
Town, and in consequence of that resolution, it appearing that mar- 



S8 aCATiUHONlAX OaUET* 

fTkt BMmt waiifaiY»«d€tt nvteh bom little ffiftoirfl^f m m- 
•diyidiial may oonlrtct jnntrimooy at tbe Cape ; it may he a 
satisfiEurtion to him to learn, that he may get rid of the covi- 
paiiy and ^cpeaae of a wife ahnoat as eaiily« Iiet him $up- 
|K>Be the 8Mne Cape married couple before meiitioiied» tp 
have saifed fm IndliB, or al8ew)lietre> aod after living ttogether 
during tUe vc^age* or evaa sixteen yeavs after,* to dm^ver 

^ages have been of late solemnized by tlie Matrimonial Courl: (com* 
posed entirely of lait^) and which marriages are esteemed valid by the 
present law on that subject, without the cei'emon^ bein^ performed by 
an oMlaiiied cfei^maa, or the arabt»nce o^' the church bviog Iniuiy 
«Mno«i* ra()4]ired, , Now, having taken the above retfuladoos and tlu^ 
new custom into my most seinons consideration, and reflecting, that ki 
aU civilized countries where the Christian religion is professed and re- 
spected, the marriage ceremony is justly reckoned a holy institutiou, 

<doiKiected with ihe sacred principles of vdieion, mid not (as these regil- 

:laC3ons would (infer) a mere civil contract ; 7, therefore, by virtue of ibe 

^.wer andautJiority.vested in me.by,his Britannic Majes^, dostricUy 
prohibit the Court for matrimonial and civil affairs, as also the Lano- 
arosts andHeemraden of the several country districts, from performing 

'the marriage ceremony in futui^ ; and do hereby order and direct that 
aft marriages in this settlement, as was the case before the i^uiatioas 

•hefore mentioned were issued, .are to be performed in the former map- 

jner by an oi*dained clei^man> or minister of the Gospel belonging to 

' the ^ttlement. 

As, however, in consequence of tlie great dbtance that some of th^ 
inhabitants of the Settlement dwell from the C^tal, they jnnst sufier 

-great inconvenience on heio^ obl^ed to make so long a journey, if they 
are allowed only to be married in Cape Town, as was formerly the casp, 
1 do therefore authorize and allow the clergymen of the seveiral coui^tfy 
districts to perform the marriage ceremony in their respective fcures or 
parishes, and the Court of Ileemraden to register these marriages in the 
Bame moaner as is done by tbe< Court for m»(rimoaial ^S^iTs 4n,Cwe 

,;Town ; ^nd vheoeyer itf may happen, that there isjio cier^'man in ai^ 
districts or parish, then the parties wishing to be marcied must apply to 
the clergyman of the neighboui-ing parish, who is authorized .to tnar^ 
them, upon their producing a certincate from their landdrost and heem- 
raden, that there is no 1^^ objecdon, and observing all other usual 

•l^rms and censmonies. 
^Given anto my baad and seal thi&.96kh day of Apritl, 1806. / 

•PUBLICATION. 
His Honour the Chief Justice, Sir. J. A. Trutj^ Knight* XXJ>. Aod 
tlieiWorehlpfid liftembeis of tbeiCaartof Justice, of the S^(lement of 

otbe Cape of Good Hope, and the Dependencies thereof^ io k^^hy 

^m&\^ known : 

^ThtX whereas Adam K.aod Be|^e V. have addressed a m/emorial to our 
Court, stating :«^Tbat Memorialists, have been mainied for now sixteen 

-yeafs, but, to their sorrow, have experienced their tempers and diapo- 

^iiuoQB to be 00 opposite, as to embitter their. iivAs^ so that a.loager co- 



UAfmiUaUlAL. JCDUST. S7 

Ihflt'Cbeir iciHifpciii.aBd iiaclmtioiis .wene TtoteHyMdiffdreirt; 
that the wife* hated y^bui the hoslMnd admifed, aad>lhehii»- 
hood abhorred what the wife loved; in svch eaae, on dieir 
rettoti to tike Cape, theyhwm only to adidrass th^ eomtt e(f 
jMtioey and to al4ite ihat " a loader cefaabkation ainatifae 
-attended with mpost aeriQiiiS'Con8e<)ueaoe8," — a tbneat «ve}l 
iUttdeiStood ; awl -a, legal aeparatioo will genera%«Dtue. 

A marriage duly solenuuaed accoffting to the laws of any 
fbreiga country wherein the parties happen to reside, has 
'been generally confirmed by Uie courts of law at home ; *biit 
wliether a divorce so decieed would separate the pastias 
when they xeturn to Engkad, in the oase of then* hawang 
-been tbeve married ; w bastardise the iuture iseve of the 
-wife bom after separation by Dutch law, in England, where 
access is possible ; must be left to lawyers to decide. Heve, 
however, it is the law of the place, and in full f^prce and 
effect. 

Another case likely to happen presents itself. A settle- 



habitation must be attended with the tqost serious consequences; there- 
fore, requesting to be separated fi*om bed, board, and community of 
propert);. 
So it is, that we, having read the rejaort of the Sitting Commissioner, 

• to whom said roenoi'ifli was reft^rcefJ for tlie pui'pose of auitcnhlu nr- 

• rangement, and, i( nece&sai^, for enquiry, and havin;^ inkcn into cona^- 
■deratiou tlie dangerous ctmst^qutince!^ wliich might reisiult fmm a longer 
cohabitation of memorialisjt^j ns well a^ every thing whicli dfeservcJ at- 
tention, or could move the Court* ad mi metering justice bi the naine 
and on behalf of his Hntnmuc Mnje^iv, do sepnmte smd Adam 
'Kraus and Betje V^aleutyn, and they lira tiereby saparuc^d acoorflii>|>ly 
.fioni hedf board, and n>nt[imaity of property, to »U ]«Uei)Ls aiid purpose, 
;tbe joint estate to be admim&Eeicd nnd liquidated in the o^unl nianner; 
, while the arrangement made betweeti the pai iks, as $et loilb in their 
said memdiial, resjiccting their four childiea b^otteii during their mar- 
riage, is hereby approved of and CO 13 firmed. 

And as by the separation of said married persons, .^aoh of them bs- 

cpmes severally responsible for the debts he or she may con|i*9C^, tbis 

jiublic notice is thei^efore gjven, that no person may in future trade w 

negociate with said man or woman, on account of the joint estate, as 

~no such transactions will be cognizable by law. 

And that no person may plead ignomnce hereof, tbis shaU be pdW 
lished and ^ififed as usual. 

Thus done and decreed in the Court of Justice, at the Cape of Goo4 
Hope, on the 14th December, 1820, and published and afl^ied on the 
" ?8tn following. 

J. A. TRUTER, Chief Justice. 
By Order of the.Coutt, 

D.F. BERRANGE, Sec, 



88 iKAfPRlHOVlAL COUHT. 

aient b^m marrkge, here eBtided an miiteHMiptialeoiitmct» 
nrely takes place. It is not the custom and habit of the 
colony. The law assigns to a survivor the half of the pro- 
perty of the deceased husband or wife^ and shares to the 
ebilchren. If a man nuuried at the Cape^ remits. his. fortune 
to En^andy and vesting it in land, and retiring with his fur 
mily thither, dies intestate, the English law would» in sv^h 
^ase, give the estate to the eldest son» and both widow and 
younger children would be deprived of the legitimate por- 
tion assured to them by marriage at the Cape, according to 
Dutch law and ceremony. The same circumstance would 
take place where parties remain at the Cape, by vesting 
their prmerty in England, without making a previous, agree- 
ment. It therefore behoves the wife to look to these cir- 
cumstances of her situation, before she consents to leave 
the Cape, or suffers the joint property to be removed to 
England. 

SECTION VI. 

Sequestrator's Office. 

The insolvent chamber, in January, 1819, merged into 
the office of the sequestrator, who, in cases of bankruptcy, 
unites the two characters of commissioner and assignee. 
Any individual, whether trading or not, may go to the se- 
questrator, and acknowledging his insolvency, give over to 
his management, the whole of his estate for the benefit of 
his creditors. But the doing so is too galling to be often 
practised, and in general it is forced by process of law. 
After sentence is given against a defendant in the court of 
Justice, and it has gone through the usual but ineffectual 
notice of payment by the plaintiff's advocate, the sentence 
is given over to the sequestrator for execution, who, apply- 
ing to the debtor, demands payment, which may be delayed 
fourteen days, on giving security. If at the end of that pe- 
riod payment is not made, or the debt settled to the satis- 
faction of the creditor, the sequestrator requires possession 
of as many goods as will produce, bypublic sale, an amount 
equal to the debt and expenses. These the sequestrator 
advertises and publicly sells, paying over the amount to the 
creditor, after deducting his charges and expenses, together 
with 5 per cent, on the amount, which, as well as all other 



$J:aU£STRAT0&*8 Of F|CE. 39 

fees.hepaysorir^togoveniiiieiit. If, however, the individual 
hsLS othet debts which he cannot liquidate, the whole proper^ 
19 given up to the sequestrator, who sdls it a(t public saie,;aad 
makes out a list of the demands againat the estate^ which b9 
produces in due course to the court of justice. Notice 19 
given in the puMic gazette to the creditors, and if there be 
any objection on their part to the sequestrator's statementi 
it is decided bj the court; if none, the distribution goes oH^ 
After a certain period, if all has been fair on the part of the 
rosolvent, the sequestrator certifies in the Cape gazette, that 
the insolvent ^ has acted in every respect as an honest and 
honourable man should do," * and that he is liberated from 
all clahns of his colonial creditors. 

♦ PUBLICATION. 

His Honour the Chief Justice, Sir J. A. Trutbr, Knight, LL.D. and 
the Worshipful Members of the Court of Justice, of the SettJement of the 
Cape of Good Hope, afid the Depeudencies thereof^ do herefry mak6 
known : 

That whereas M. A. S. has addressed a memorial to our court, 
stating, that notwithstanding his best and most industrious endeavours 
to improve his pecuniary circumstances, still however, through a series 
of unfortunate circumstances, which he could not possibly foresee, his 
estate has gradually become so impoverished, that he has been under 
the necessity of delivering over the same as insolvent to the seques- 
trator, who having accordingly administered and liquidated his said 
estate, a dividend was made to the creditors, without any of them hav- 
ing opposed or appealed from such distribution ; that the majority of his 
creditors, both in number and in the amount of the respective claims, 
having afterwards consented his rehabilitation, he, therefore, exhibiting 
such declaration, as is prescribed bv the sequestrator's instructions, re^ 
quested to be rehabilitated from nis state of insolvency ; oa which 
subject having heard the creditors who had not consented, and there 
appearing) ia consequence, terms for the granting of his request : 

So it is, that we^ having heard the report of the sitting commissioner, 
who was charged with the investigation of this case, rehabilitating sai4 
'M. A. S., do hereby declare, that the said memorialist, both prerious 
and subsequent to his insolvency, has acted, in every respect, as an 
honest and honourable man should do ; and, therefore, rendered him- 
self worthy of the privileges granted to such debtors, by the said instruc- 
tions for the sequestrator, and consisting herein, viz. : That he is dis- 
charged and liberated from all the claims of his creditors, excepting 
those which have been assigned them by the sentence of preference and 
concurrence, so that he may again trade and negociate as before, and 
which privileges are specially granted to him by this public act of reha- 
bilitarion ; under this condition, however, that the rights of creditors 
abroad shall not be prejudiced hereby. 

And that no person may plead ignorance hereof, this shall be published 
and affixed as usual. 

Thus done and granted in the court of justice, at the Cape of Good 



38 SEQUIST&ATDa's OFFICB. 

it i» tko part of the •duty of tbe sequcstralory under tb^ 
immedkite direcldon of the collector and comptroller of 
costons; to sell by public sale^ all forfeitiMres or seizures 
BMide by custom-house officers or others, and after deduct*- 
ifig tbe expenses, to pay the amount to bis Majesty's 
fi«cal> who delivers one«thiiid to govennnenty one-third to 
the seizing officer or the informer, and retains the remaining 
Iknrd, according to tbe Cape law, for his own benefit 

The checks imposed upon a sequestrator, in an office 
which might bear hard upon individuals, if wantonly or 
harsMy executed, and also the regulations for his general 
conduct in |)erformance of his duty, are comprised in very 
minute instructions from govemn^ent; and. as these sve in 
fact the bankrupt laws of the colony, it may be desirable to 
commercial men^ to be made acquainted with those laws, 
by which all are bound who live at the Cape, but which 
bear a more particular application to themselves. — Vid^ 
Appendix C. 

ITie money, received by tlie sequestrator^ both as the 
executive officer in forcing payment of debts to individuals, 
as well as in bankrupt affairs, is deposited in the colonial go- 
vernment bank without interest, from which it can be drawn 
when required, only by the cashier of the office, who is 
responsible for its due application. The sequestrator, on 
every Thursday, which is the court day, is bound to pro- 
duce his books and weekly accounts to the court of justice 
for their inspection, and if the court did really and effec- 
tively contruul and check his accounts and conduct, weekly, 
it would be complete and satisfactory ; but it is presumed 
that orders from government regulate many of the proceed- 
ings of this office, in addition to the instructions under 
which it acts, which also originated in the same quarter. 

The sequestrator, cashier, and clerks are appointed and 
paid by the colonial government, and are removable at 
pleasure. The fees and profits which are carried to the 
account of the sequestrator in the government bank, are 

auarterly laid before the colonial auditor of accounts, and 
le payments examined and compared in that office. 

Hope, on the 26th April, 1821, and published and affixed on the 3d of 
May following. 

J. A. TRUTER, Chief Justice* . 
By Order of the Court, 

J. T. JURGENS, 2d Head.Clerfc. 



( 31 > 



CHAPTER HI: 

BANKS— WINE TASTER— WINE FARMER, AND VENDtJg 
OFFICE. 

SECTION I. 

Lombard or Loan Bank, and Discount Bank. 

Xhb part taken hy the Dutchr in the war between Eogl^iui 
and A^IeriGa> in the year 1730^ ocpasioned great distress to^ 
their colony at the Cape of Good Hope. The^ supplies of. 
every sort» heretofore sent with punctuality from Holland^, 
for the support of the civil and military establishment, wer^. 
delayed, and finally sent in so scanty a quantity as to b^ 
unequal to the existing demand. 

In this crisis^ Governor Van Plattenberg found himself 
reduced t:> the absolute necessity of creating a paperK:ur« 
rency^ for tbe relief of the station, by the payment of the 
public service. 

Between 1782 and 1784, when lie resigned the govern- 
Bient, paper rix-dollars were thrown into curcuiation to the. 
amount of B. 925,219 • 46. This transaction was exceed-* 
ingly creditable to Governor Van Pkttenberg, at, instead 
of tendering a delusive mortg^e of lands or houses, het 
offered no security but the good faith of the Dutch govern* 
ment ; and a solemn promise, that this creation of paper- 
money should be redeemed whenever peace would allow 
tbe accustomed su|>pUes to be sent from Holland. 

In conformity with this engagement, tbe annihilation oi^ 
mrdoUars 825,904 : 34 took place, between 1787 andI789| 
by a payment to that amount in specie and bills oo Hol^ 
land ; leaving only the sum of rix-dollars 99y315 : 12 afloat 
and in circulation. 

Unfortunately for the public^ this redemp^on of tbe 
pledge of Governor Van Platteftbierg g^ave eo^treme facility 



32 LOMBARD OR LOAN BANK, 

to a future governor, to pursue the plan of creating rix- 
dollars on any emergency. 

In the year 1 793, the colony laboured under very pressing 
inconveniency from the want of circulating medium, not 
supposed to exceed, at that period, the sum of 200,000 
rix-dollars; and the commissaries general Nederberg and 
Trykennices, formed the institution of a Lombard or Loan 
Bank, with a view to the relief of the public, and for the 
purpose of checking those usurious transactions which na- 
turally accompany a currency insufficient for the commercial 
and home transactions of any society. 

A proclamation was issued for the establishment of the 
Loan Bank ; atid one million of rix-dollars was declared to 
be a circulation adequate to the wants of the colony, Rix- 
dollars to the amount of 680,000 were advanced by 
various instalments, to form the capital of the loan bank,, 
under the direction of a president, two commissioners, a 
book-keeper, and cashier. The commissioners were autho- 
rised to lend money at 5 per cent, on mortgage of houses 
and lands, gold, silver, jewels, and merchandize or other 
articles that can *' lie stiH,'* (that is the expression) for' 
18 months, but not loiiger. 

On goods of a less perishable nature, a loan might be 
advanced for such time, not exceeding nine months, as 
appeared reasonable to the commissioners. 

In September, 17S5i the circulation of Cape paper 
rix-dollars had risen, by various creations at different pe- 
riods, to the sum of 611,276 : 42, exclusive of the capital 
of the Lombard bank ; nor was there a shadow of real 
property, or even a government engagement on which it 
rested. In a word, the rix-dollar was, and, it is to be 
feared, still remains, merely a counter passing current, by 
a sort of common usage, in all the various purchases and 
sales within the colony. - 

At the close of 1795, the Cape was placed under British 
government ; and Governor Sleuskens, in order to prevent 
dre distress of the inhabitants, by the expected conflagra- 
tion of these shadows, in the shape of rix-dollars, gained 
from the humanity of General Craig a stipulation, that the 
government farnis and public buildings should be a security 
to the holders of the 611,276 rix-dollars, leaving the loans 
from the Lombard bank protected by its own mortgages. 
This security remained, and was, on the evacuation given 



oviftr to the Dutch government, in a state of improv^mient* 
The rix-dollar appeared to possess on that day a real 
eventual value, owing to the casual circumstance of the 
surrender of the Cape to an enemy* 

Shortly after the capitulation, it became requisite for 
General Craig to draw bills on England for the {Public ex- 
penses ; and, although he offered the bills at par,, an evi'* 
dent proof of the credit in which the rix-dollar was then 
held, he was unable to procure the sum required, and ab^ 
solutely forced by that refusal to create 250,000 rix-doUars, 
in paper-currency. A dearth soon after took place; and 
80,000paper rix*-dollars were created for the purchase of 
rice. These two sums, making together 330,000 rix-dollars, 
were accounted for, and honourably discharged, by the Bri-^ 
tish governor, on the evacuation of the Cape; but, in 
brea<^h of faith, the Batavian government received the sum 
without cancelling paper rix-doUars to a like amount 

On a representation from the loan bank, an augmenta^ 
tion of 165,000 rix*dollars soon after took place, which 
was delivered over to the bank as an increase of capitaL 
To this there does not appear much objection, as it is 
presumed the mortgages on which it was lent were of an 
equal value. 

On the evacuation in 1808 by the British, the whole 
(Euttount of rix-dollars in circulation was about two millions. 

From the statement here given, it would appear that, 
whatever the sum might be, which was bottomed at least 
on nominal security, every hope and expectation of its so 
continuing^ was dissipated by the first proclamation of 1804, 
on the subject of rix-dollars, whereby a new coinage of rix- 
dollars was ordered, and the old ones recalled^ By this 
operation, the whole sum of current rix-dollars created 
with or without security, was thrown into one common un- 
distinguished mass, and all question of priority or prefer- 
ence set at rest. 

A sum of 32,000 rix-dollars was also gained by the 
Dutch government, in the non-appearance of old paper on 
the recoinage. 

Between this period and the surrender to the British in 
1806, there was an additional coinage of 300,000 rix-dol- 
lars, paper-currency ; and by way of coup de grace, to all 
possible expectation of a still existing security for the rix- 
dollar in the government farms, a part of them was sold 



34 LOMBARD OR LOAK BANK, 

for the supi of 80,000 rii^-dcJlars, none of which ^^ra^ em- 
ployed in the fumihilatiou of the rixr4ol)ars for which 
originally they were pledged ; nor, in fact, wa^ a akigl^ 
rix-dollar destroyed, after \799, by the Batayian goveitii- 
ment.. 

In this situation of the public credit a^d of the cploaial 
jcurrency in I806, the British became masters of the Cape; 
^nd although the honour of the nation was pledged, and 
afforded fiiU confidence to the inviolabilil^ of the c^itula- 
tion, yet every thing remained in a lifeless aojd doubtful 
state. The currency was withheld by the timorojus in the 
apprebension. of loss, and by the usurious, in the hope 
and in the practice of high interest, and great dil$cu)ties 
occurred. 

In order to relieve . the public wants. Lord Caledon, ii) 
that unceasing endeavour to benefit the col(Hiy, whicll 
marked his conduct throughout, established a Bapk of Di»r 
cpupt in 18Q8, and advattced^e s^ a capiM> ^ ^map of one 
^undjred thousand rix-dol)ars fcoip the treasury. 3ix per. 
cent* wa3 the legal rate of interest at that> time, but the 
bank viras allowed to receive deposits, and to pay an intjsrast 
of 5 per cent, on all sums left there for a year or mor^ 
The public offices were instructed to carry th^ir daily re- 
ceipt^ to the bank, makiiig a considerable addition, to the 
floating balances, v With this loan without interest, of oai^. 
hundred thousand rix-dollars, with deposits, it is said, to 
the amount of nearly one million rix-doUars, with the re?- 
ceipts of the public departments, and with the accounts of 
individuals, the bank seemed to consider that every re- 
quired discount might be affprded ; and the public might 
be fully accommodated without danger to the establish- 
ment. 

. In June, 1810, Lord Caledon authorized the creation of 
one million of rix-doUars ; (a measure, at that period, con- 
sidered by many to be of a doubtful nature leading to 
the depreciation of the colonial currency ;) half of which 
were to be appropriated to the service of the loan bank, 
and the remaining 500,000, for the purchase and repair of 
the public buildings ; which latter sum was not issued until 
1814 by Lord Howden; and wholly expended before the 
close of his government. 

Some correspondence took place in die year 1812, h^ 
tween Lord Howden, the governor, and the pre^id^nib^and 



AND DISCOUNT BAT^iC. 35 

directors of the bank, on the subject of the deposits at 
5 per cent.^ and on the general danger to the bank of dis- 
count ; but he 3aelded to the reasons of the bank dirfectbrs, 
and the bank of discount persisted in its usual operations 
during the continuance of his power. 

In June, 1814, oh the arrival of Lord Charles Somel-set 
as governor, another system succeeded to the former one. 
Notice was given that deposits on interest could no more 
be accepted, and that those in hand would be discharged 
at the end of the year. Such a decision withdrew the ca- 
pital on deposit, and must have diminished the bank dis- 
counts. Reasons of an imperious nature no doubt occa- 
sioned this departure from former practice ; and his lordship 
prudently considered the profit of one per cent, to the bank 
on its discounts, many of which were for private accommo- 
dation, and not for purposes of trade or agriculture, as 
being too inconsiderable an advantage for the risk which 
might at any moment arise ; as upon any serious alarm, 
the whole amount of deposits would be claimed and with- 
drawn, on forfeiture of the interest; and a run upon a 
bank of this extent, with only one hundred thousand rix- 
doliars capital, must have brought it to the ground. 

Since that period bank discounts are procured with more 
difficulty, and mercantile speculation has abated* The 
public distress, aggravated by dearth, " has increased, is in- 
creasing, and ought to be diminished ;" and unless things 
find their level at an early period, imminent distress appears 
to hang over the greater part of the colony of the Cape of 
Good Hope. 

Having traced the origin, progress and functions of the loan 
and discount banks, the consideration of the state of the 
currency naturally presents itself. It consists of about 
three millions of paper rix-dollars, originally issued at four 
shillings sterling, a part of which was secured on the go- 
vernment farms and buildings ; but as the paper rix-dollars 
issued under security were never particularized by special 
numbers or marks, and as all were called in and re-coined 
in 1804, there no longer appears any distinct appropriation. 

It would also be difficult to realize the value of public 
buildings, government houses, and farms, if such security 
did really exist ; for in a case of general ruin, and of the an- 
nibikition of the rix-dollar, where would the purchasers be 
founds if the government would allow such a sale ? And in 



36 LOMBARD OR LOAK BANK, 

case of capture, iitrhere ia the conqueror who would penaii 
it ? It would probably be his interest, that the paper rix- 
doUars should be buried in the tomb of assigsats and 
mandats. 

The mortgages lodged in the loan bank for sums ad- 
vanced by that bank, are the only available securities^ 
which, being sold and realized, might produce a dividend: 
for the whole mass. Such a condition of currency is de- 
plorable ; but combined as it is with the pressing circum- 
stances of the day, it becomes out of all hope that it can. 
recover from depreciation, except by the concurrence of 
very favourable events. The amount of rix-dollars,. which 
had been issued by the colonial government, is still due. 
from that government to the public. It received value for 
the issue, and is bound to return it. The guarantee of the 
British government, for that proportion which was in cir- 
culation at the capture, is not to be considered a guarantee 
in words, but as a guarantee of effect. Common honesty 
requires, that this should be held sacred. It is mere jus- 
tice to the public, and to its own character, that the Eng- 
lish government should keep its faith, and redeem its 
pledge. The state of credit at the Cape is so desperate, 
that confidence in individuals is gone. There is a host of 
borrowers, and no lenders ; and those who are unable to get 
that accommodation which their affairs require, impute it 
to an insufficiency in the circulation, of which there is an 
over abundance ; and not to the depressed state of their own 
credit, and that of others, added to the natural effects. of 
excessive over-trading, which have acted upon England and 
America in the same manner. Adam Smith considers one- 
fifth, one-tenth, and even one-twentieth of circulating me- 
dium to be sufficient, under different circumstances, to cir- 
culate the whole value of the annual produce of a country. 
Let this rule be applied to the Cape, where there is now a 
currency of rather more than three millions, and where the 
whole annual sales do not, it is said, amount to nine millions 
of rix-dollars. Three millions would therefore be more 
than sufficient, according to the highest calculation of. 
Adam Smith, provided extraordinary causes did not inter- 
fere with the freedom of circulation. 

The enormous height of exchange on England (the con- . 
sideration of which ranges itself under the head of comr 
merce) having reduced the value of the currency in ex- 



AND DISCOUNT BANK. 37 

change on England to Is. 6d. sterling per rix-dollar, causes 
the merchant who wants to remit, to possess himself for the 
time of a large quantity of rix-dollars, for the purchase of 
biih on England, upon the day of tender. This may ab- 
sorb, for a short time, a portion of the currency, but this 
occasional circumstance is insufficient singly to give rise to 
constant distress, as the rix-dollars so paid for bills go into 
immediate circulation. Any addition to the number and 
ainount of the present rix-dollars recommended by some 
projectors, unless grounded on solid security, would be a 
fraud on the public, increasing the distress ; and, if grounded 
on security, it would instantly cause a further depreciation 
on those which are not so, and make the rix-dollars of dif* 
ferent value. 

An increase of rix-dollars must lessen even their present 
estimation. Paper-currency, like every other article, be- 
comes cheaper by over-abundance. The creation of more 
rix^oUars must mcrease the rate of exchange against the 
colony, as it would give the immediate means to more pur- 
chasers, without adding to the number of bills on sale. 
When the bank note of England over abounds, its value 
decreases in exchange. When exchequer bills are largely 
issued, the premium lessens, and often becomes discount. 

One main reason for the apparent scarcity of rix-dollars 
is, that a lender cannot depend upon the punctuality of a 
borrower, whilst, by locking them m his chest, he is sure to 
find them on the day of dimculty. Another cause of scarce 
circulation may be thought to arise from there being no 
colonial government paper bearing interest. There is a 
class of individuals in possession of sums of rix-dollars from 
100 to 1000, who are fearful of entrusting their little all to 
private debtors, where neither principal nor interest might 
be received without difficulty, and therefore k6ep it at home 
uncirculated and unemployed, and making no return to the 
owner. The whole of this very far from inconsiderable por- 
tion of capital might be brought into action, were there any 
government security in the nature of exchequer bills, cur-r 
rent for all government duties and payments, except for 
bills on England. Thfese government debentures, bearing 
an interest of four per cent, if issued for small sums of 100 
to 1000 rix-dollars, with the principal bottomed on some tax 
or part of the colonial revenue, would act also as a cur- 
rency, and their produce in rix-dollars might gradually be 



38 LOMBARD OR LOAN BANK. 

destroyed, to the great relief of the depreciated circulatiiig 
medium.^ A freedom from colonial debt is, however^ so 
positive a good, and so peculiar an exception to the general 
rule of states, that it must be given up unwillingly, even 
for the more active energy of an improved currency. 

The creation of an additional amount of rix-doUars, . to 
which objections have been made in a former page, has 
been considered^ most erroneously, by some persons 
as the means, if placed as capital in the discount bank, of 
relieving the public distress; to which is added the retvrn 
of the baqk to the system of receiving deposits on interest. 
With this is combined a suggestion that the legal interest 
should be raised to 8 per cent, in order to keep capital in 
the colony, and also to enable the bank to allow 6 per 
cent, on deposits. In a former part of this chapter an opi? 
nion was hazarded of the extreme danger of deposits, unless 
a bank possessed a large capital at command ; and a rise in 
the rate of interest is a measure directly in opposition to 
the principles of the best oeconoipists. Adam Smith 
writes, that as riches, population and improvement have in- 
creased, interest has Reclined ; and although this state of 
things does not appear to have taken place at the Cape, 
yet It would be difficult to show how any relief could be 
given by high interest, pr how it could afford any good, ade? 
quate to the mischief it might produce. One evil would 
pe immediate, an advance in the price of all merchan* 
dize. |t has been the pplicy of most nations to keep down 
interest. A low rate of mterest assists the state in its fi- 
nancial operations, and individuals in the improvements of 
agriculture and commerce. 

\t must not, however, be imagined, that the paper ^ur«- 
fency of the Gape more or less improved, can give effectual 
relief to thp exchange on ^gland, as long as the (valance 



^ Sinc^ writing this ^cle, the colonial goveram^t has, by a pro- 
^«matioti, notl(^ the intention of issuii^ debentures at 4 per cent, on 
the principle here recommended, for the sum of 9qo,000 rix-dollais. 
*lWi remiunsi howev«r» one very material distincbon. The govern- 
ment debentures are not to be secured on any part of the colonial re- 
l^ue, and wt therefbie no mora than an excluu^ of one sort of onse- 
euced government paper for another. To place colonial paper not con- 
^hwtible into cash upon a fooling of credit, the pledge <^ som^thii^ real 
it abaolttl«ly neosssary ; it othmrise constitiitm nothing bat a oouiier 
jof another mcriptioB* 



WINE TASTER* ^ 

tt fsiymetits atts io strongly against die colony; and were 
govtcoBtient, in tliis hour oi pressure, to yield to any quack- 
ery in finance, it would very soon experience diat a forced 
attekiipt to counteract natural consequences must inevitably 
increase the evil, and finally force the colony into total 
ruin. ; 

It is almost superfluous to mention, th^t there is no me- 
tftlUc currency in the colony^ except English periAy-piecefis j 
for it must be obvious to every one, that at the |)>reselit i^tfte 
of exchange gold and silver coin must have left the Cupe. 
A period might come in which the creation of a coloifial 
metallic currency would produce fovouraUe effects unked 
with conveniency ; but it appears to be impracticable utotil 
the paper rix-dol]ar risei nearer to par, or stcquires some- 
tkiatg tike a fixed value. A few thousand Spaqiali dollars 
D^naikied, as long as' the troops wei^e paid in tiiat coin. 
The riR'-dollar, more beneficial t6 the soldier at tlVe pi^e^ent 
<txchattge, has been lately substituted; and of the Sjp^anish' 
dollars son>e have departed for London, and tikoie which 
remain are making preparation to go upon their tfav^ls. 
The go}den and t^ silver ^e are forgotten by the inhabi* 
t^nts of the Cslpe, and ftre rem^»bered only in Ovid'fe M^ 
taaporphosfs. 

In the Lomj[>ard Bank there is a president, three di^^ 
rectors, book-keeper, cashier, and clerk ; and in the dis- 
count bank diere is the same president hnd directors, a. 
cashier, an accountant, an assistant ditto, and clerk ; all 
of which are colonial aj^pointihents, aod removable at 
pkttstire. 



J&ECTION H, 

WiHe Taster. 



Ttf» office of Wine Taster was created in 181 1 by Lord 
Howden, thon governor, ki consequence 6f charges of 
ftaud or negligence said to be practised by the wine 
growers, coopets, or shippers, gteatly injuring the character, 
and preventing an increased export, of Cape \<rines, 

After tM surrender of the Cape to the English, the cul- 
tivation of the vine advanced rapidly, and ^ine grew, into a 



40 WIHE TASTER. 

considerable export to Great Brttain. Had the quality of 
wiae improved with the rate of export^ and the taste of tb^ 
English been consulted by increasing the red wines, the 
probability is, that the annual consumption of the mother-? 
cpuntry would have doubled itself, and the wine acquired a 
permanent footing at the English table. 

The suddf n demand acted in its usual manner, by dete- 
riorating the quality, and increasing the quantity, of the 
wines ; and the taster received such instructions as were 
thought advisable, in order to counteract the evU. By> 
his office, he is bound to taste and approve every cask of 
wine for ei^portation, and to grant a certificate thereof, 
which, when produced to the officer of customs, entitles 
the bearer to a permit for shipment. 

This appointment, leading to an expectation of great im^ 
provement in Cape wine, assisted by the liberality of Great 
Britain, v^bo in the year 1813 reduced ^iie duty on Cape 
wines to one-half of that on for^eign wine, gave a second 
powerful stimulus to the growth, and to the export. 

It is, boweveri in^possible for a wine taster to exercise 
a correct judgment, when, from the nature of shipments,, 
there are thr^ qr four hundred pipes oil which to decide 
in one day. The palate loses its distinguishing power, and 
wines of a poor quality and flavour were probably intro- 
duced iyith other^, and passed as good : the market waa 
glutted, and the public disgusted with such execrable Btuff, 
imder the denpipination of wine. 

Th^re exists a doubt in the mind of many, whether these 
restrictions of the Wine Taster are founded in justice and 
in true pqlicy, Why should a distinction be inade between 
wine and other produce I 

The exportation of all other articles, whether of superioip 
or inferior quality, is allowed, and all find their comparative 
value in a niarlcet. On what prjnciple of fairness is a wine 
boer, possessing a vineyard of nieagre quality and flavour^^ 
prohibited from doing the best he can, or from getting such 
price as mfiy be gained on export ? Coarse sugar as well 
sis fine is exported from the West Indies. There is Lon- 
don particular. West Indis^ and cargo >vinc, exported from 
Madeira. AH diese find a proportionate price in the mar-^. 
ket, and every one is satisfied. 

To preclude an inferior article from being exported, in 
t|i^ hope that ^)1 of .^he same sort may become ex9ellent^ 



PACT AND PAOTER. 41 

is to ooBtrarene the laws of soil^ climate, and manufao 
tore. > 

With all this care and interference the quality of Cape 
wine does not appear to be much improved, nor is it in the 
power of the acts of a wine taster to overcome nature, and 
to prevent Cape vnne from being racy, or tasting of the 
soil.* When price cannot create excell^ce, the prohibition 
of export will never succeed. 

The wine taster charges and pays to government three 
rix'Klollars as his fee on each pipe exported, and one rix- 
dollar for guaging. 

The wine taster is not required officially to pass judg- 
ment on any other wine but that which is for export ; and 
tfie inhabitants are indulged with the unrestrained privilege 
of drinking M'ines of the most wretched quality. 

The wine taster, deputy and clerk are appointed, paicC 
and removable by government. 



SECTION III, 
Tagt and Pagter, or Wine Farmer, 

In this establishment, morals give way to revenue. It 
is poor consolation to know that the Cape is not the only 
country in the world in which such a circumstance takes 
place. 

The Pagt is the monopoly of selling wine by retail, and 
the Pagter is the farmer of that monopoly. A government 
advertisement appears in the gazette, fixing the day of 
bidding for the wine form of the ensuing year, which takes 
place at the stad, or town-house. The manner of bidding 
for articles of value, such as houses, and estates, and exclu- 
sive farms or monopolies, differs from that of other coun- 
tries. The article to be sold is at first put up by the auc- 
tioneer in the usual manner, and the biddings go on to as 



* Dr. Johnson, in his life of Thomson, writing of Thomson's frequent 
revision of his own works, observes, — " They are, I think, improved in 
general, yet I know not whether they have not lost a part of that which 
Temple calls *• their race,* a word which, when applied to wines in its 
primitive .MUie, means ' the flavour of the soil.' '^ 



42 PAQT AVD PAQTER. 

bigh «Q aiteunt as niiy one wlH reialvBrt, wbafaav no wish 
or real intention to be the purchaser. To encourage these 
speculators to go on biddings money sometimes to the 
amount of more than one thousand rix-doUars is gii^en to 
the individual who bids the largest sum on the adYancei 
and dus is called the strykgeld ; bat, in: return^ the bidder 
must take the property, if on the down^biddhig no one 
gives more. When the up-biddmgs are finished, and no 
one advances, the property is put up by the auctioneer at a 
high ideal price beyond the value, and the biddings are 
downwards. On a property, which in the hope of the 
strykgeld has b^n bid up to 20^000 riat-dollars, the auc- 
tioneer will begin the down-bidding at 4O,000. He then 
will cidl 39>000, 38,000, 37,000, descending by degrees, till 
jpme one calls out " mine,'' which finishes die purchase ; 
and provided the price is beyond that of the up-bidder, the 
latter then receives the thousand rix^dolhiFS sttykgeld ; but 
if below, he takes the property at the price he bid, receiving 
the strykgeld. 

This plan is advantageous to a seller. The person who 
means really to buy, never bids up, wishing to conceal his 
views, and as he kiiows others do the same, he is afraid of 
losing his object, and, in his eager an^itiety, calls out " mine" 
at a price frequently greater than the real value, or than the 
seller could have procured by private contiiact. 

The actual pagter exdaimed '^ mine'' when the bidding 
which, on the advance stopped at 300,000 guil4ers, fell on 
the down-bidding from 500,000 guilders to 340,000. A 
guilder is now a nominal coin, one-third of a rix-doHar, 
which, at the present exchange, is about Is. 6d* sterling ; so 
tl^t the present pagter pays 8,500/. sterling for the exclu- 
sive right of vending wine and spirits t^ the gtasei bottle, or 
small cask. 

. The sale of the wine fann is an important addition ta the 
revenue, and strong regulations (vide Appendix VI.) are 
passed by government proclamation to guard it from in-* 
roads. 

The late ps^ter opened a very large store or cellar in the 
Burg street : this cellar was denominated the Big Butt, and 
aroutid it; from sun-rise to sutt-set, Was assembled every de- 
scription of vagabond in the town, male or female, with the 
addition of half-naked Hottentot men and women, fighting 
and rolling about the ^eet in etennit drmk^iness ; and 



PACT AND PAGTER. 43 

hither a Spartan might send his children to deter them from 
drunkenness, by seeing what a drunkard is. It may be a 
question whether the having one street during a whole year 
a scene of perpetual riot and noise, be preferable to the 
same quantity of nuisance dispersed through the town. 
The present pagter will solve the doubt, for he has adopted 
tb^ pkm of opening houses in IeiU quarters, to the nudiber 
of pighty or more» for the accommodation of the drunken 
part pf thq community. 

The soldiers are kind friends to this institution; and 
every soldier is computed to be a monthly customer to the 
am6«mt of five shillings. A garrison of between two ^nd 
three .thousand men is valuable to the pagter ; and be hail? 
with rapture the arrival of any additional number. 

The price of Cape wine of one year old, bought from 
the wine boer, is now under fifty rix-^lollars, or Si. 15s. per 
legger. of 152 gallons, and it may be retailed uoder one 
8i;hellii^, or Sd. sterling, per quart bottle, after it has been 
doctored by the wine merchant. 

A newly arrived soldier, on hearing this, thanked heaven, 
that he could now afford to get as drunk as a lord, with the 
liquor of a gentleman. 

It must be obvious that sobriety cannot reasonably be 
8lccouated a leading virtue amongst the population of Cape 
Xown ; at least, amongst th^e English part of it* 

The experimettt of granting individual lige^ses was tried 
a few years since ; but Uie sum raised by government was 
go trifling in comparison with the pagt, that the plan was 
abandoned. The pagter grants licenses to. individuals in 
his. distriet^, far and near. His farm dpes not extend to the 
distant droatdys ; but the settler cannot comfort himself 
mi^ a glass or bottle of wine purchased by retail^ but 
through the intervention also of the pagter of his own 
drostdy and his agents. 

- The pagt is under the tutelage of the fiscal, who is in* 
stritcted to. take care that the beverage is wholesome, or at 
least as little detrimental as slow poison can be. He is 
•uthoriKed to levy a fine, and to spill the liquor if it is 
found to be deteriorated or adulterated^ and this without 
any form or process of )aw. 

The quantity of Cape wine retailed by the pagter in one 
y^r> is coniputed at 19O0 leggera, or 182,400 gallons ; to 
which must be added, 600 l^ggert of rum, wcmck, and Cape 
Ibrandy. 



44 VENDUE OFFICE. 

SECTION IV. 

Vendue Office, 

The state of credit at the Cape is so precarious, that 
traders and others prefer selling property at public sale, by 
the commissary of vendues, to incurring the risk of un- 
punctuality in a private purchaser. 

The Commissary of Vendues is a civil officer of govern- 
ment, and the only person in the colony allowed to sell by 
auction, the doing so being a government monopoly. He 
employs four auctioneers^ and a proportionate number of 
clerks, occupied in making up the daily sales, of which he 
renders a copy on stamp to every seller. The commissary 
oi vendues charges 2 J per cent, on all sales of real pro- 
perty, and 5 per cent, on all others, which he pays to 
government. There is a charge also for the stamps, copies, 
&c., so that 5| per cent, may be calculated on large sales, 
and 5\ on small ones. The commissary of vendues gna^ 
rantees the payment to the seller, three months after sale, 
and is himself protected from loss by having the next pre- 
ferable claim, after bonds and the government bank, <m th« 
entire effects of a dilatory or insolvent debtor, and by an 
immediate execution, without further protess of law than 
producing the vendue roll, before the court of justice. 
Tliere are, however, some who consider the preferable 
claim of the -vendue master not to be founded in justice; 
When the number of inhabitants in the early days of the 
colony was limited, and the privfrte sales, except on the 
terms of immediate payment, very inconsiderable ; it was 
just; that the individual who alone gave three months' cre- 
dit, should be protected. At the present day, owing to the 
ii^rease of buyers and sellers, and to more extended de- 
mandsy sales on credit to a greater amount than formerly, 
take place at the stores of the merchants, who contend, 
that the debt to the cqmmissary of vendues should now, in 
iaimess, be only concurrent. The vendue auctioneers give 
security to the commissary of vendue, and it behoves diem 
strictly to watch over the credit of a buyer. They demand 
permanent s^urity from the general purchasers, who readily 
grant it, that the course of their biddings may not be imn 
peded by doubts of their sufficiency. 



VENDUE OFFICE. 45 

The commissary gives his acceptance at three months for 
the amount of sales made, which the government bank 
discounts at the colonial interest of 6 per cent, for the un- 
expired term the note may have to run. The colonial 
credit on goods and merchandize at the Cape may be 
estimated at three months. The vendue rolls are readily 
taken in payment by every one, and are the only deacrip*' 
tion of paper^currency besides the rix-doUars that has full 
credit throughout the colony. The sales of real property 
are usually made for three equal payments — one at three 
months, one at one year, and one at two years ; any de- 
viation from this is by agreement* This monopoly is very 
beneficial to the revenue. The gross amount of vendue 
sales is computed to be about 250,000 rix-doUars monthly, 
and to yield a profit to the public purse of 140,000 rix-, 
dollars per annum^ after deducting all expenses. To this 
is to be added, the value of stamps on which every vendue 
roll must be made out, increasing according to its amount. 
These may amount to 40,000 rix-doUars more, so that this 
whole branch of the colonial revenue may produce a yearly 
sum of 180,000 rix-doUars. 

To those who are unacquainted with the Cape, it may 
appear a grievance that an inhabitant must employ a go- 
vernment auctioneer ; but the security and the currency of 
the vendue note so amply cures every objection, that the 
difficulty is to get a vendue day. 

The amount of the property movable and immovable, ' 
as it is here termed, which is annually disposed of by pri-' 
vate bargain, does not appear to amount to more than one-- 
third of the vendue sales ; and the sum of four millions of 
rtx-dollars may be considered to be the annual expenditure 
of the colonists, in lands and goods. 

The consumption of corn, cattle, and wine, and of other i 
articles of daily home consumption, is, in a very small de- 
gree, included in the vendue sales, and are chiefly trans- 
actions at market, or by private bargain. 

The commissary of vendue, with his whole establish^, 
ment, is remunerated by government, the amount of all 
profits and fees being paid into the colonial treasury. The 
appointments to the vendue office are made by the colonial 
government^ and the officers are removable by the same 
power. 



( 46 ) 



CHAPTER IV- 

BtJROHER SENATE ^ORPHAN CHAMBER — PRINTING- 
OFFICE— RELIGION—REGISTER OF SLAVES— AND GO- 
VERNMENT SLAVE LODGE. 

SECTION I. 

Burgher Senate* 

jThe Burgher Senate consists of a president and four mem-* 
bers^ a secretary and town treasurer, who is ako assistant; 
secretary. 

The president remains in office two years^ and receiveif 
three thousand five hundred rix-dollars annually for his 
services. The senior member succeeds to the presi- 
dency, and the election of a new member takes place by 
the board. Three persons are returned by the majority of 
votes, and their names sent to the governor, who selects 
one out of the three. There is also a comptroller and 
auditor, an office newly created, but probably becopie ne- 
cessary by an increase of accounts. He is not a member 
of the boardy having a separate office in the stad or town* 
house, which is occupied by the burgher senate. 

The duties of the burgher senate are of peculiar import'* 
ance to the public ; and the punctual discharge of that which 
the senate undertakes to do, influences the whole Cape 
population. The cleanliness of the public streets, the pre- 
vention of encroachments on the public land, the sale of 
that land, the regulation of weights and measures, an at- 
tention to the supply of fire-wood for the tpwn^ and to the 
prices of various articles of first necessity, in order to pre- 
vent imposition ; the management of the reservoirs, water 
pipes and fires-engines ; the levy and receipt of the town 
traces, the control of the butchers, the duty of suggesting to 
government the necessity of the importation and noa-^x- 
portation of such supplies as may be wanted for the people, 
are some of the objects placed under its care. There is. 



BURGHER SENATE. 47 

however, one other point of vital importaace to the Cape* 
The burgher senate has the entire management of the pub- 
lic granary, and of the town bakers, having the poy^er to 
give licenses to some, and to refuse them to others, witboujt 
the necessity of assigning a reason; fixing the monthly 
assize an^ quality of bread, and overlool^qg every step both 
in the market and elsewhere, by which the bakery is influ- 
enced ; at one time forcing the bakers to purchase corn from 
their own granary, at anodier ordering them to buy in the 
market. In a word, exercising the most domineering in^ 
fluence over this body of men, in the view, it is presumed, 
of the public good. 

The burgher senate makes rates on the inhabitants, ac- 
cording to various proclamations, and receives the town 
taxes, which chiefly consist in an income tax, a water tax, 
house tax, and one for the Caffer commando, levied for th^e 
payment of the expense of the Boers acting ag^nst the 
Caffers. It also receives head money, paid by every free 
person after a certain age. 

It is difficult to conceive how it can happen, that men re 
spectable for their character, and for their wisdom and abili- 
ties in private affairs, after entering the stad-house and forming 
a board, should instantly become objects of dislike and deri- 
sion as a public body ; charged with unfairness and inpapa- 
city> and with the oblivion of the common maxims of human 
life in the conduct of the affairs committed to them. Have the 
waters of Lethe forced their course through the stad-house? 

One principal cause, is the suspicion of an unequal and 
partial levy of the taxes. It is asserted, that the comi^ando 
tax, which is a specific Amount ordered by proclamation, is 
imposed by the senate in unfair proportions ; that some, 
possessed of an indifferent house and small means, are rated 
as high as others, of greater property and more magnificent 
abodes ; and that other taxes are levied with similar unfair- 
ness ; that the Dutch proprietors are spared, and the Eng' 
lish loaded ; that upon remonstrance^ or even on an humble 
request of explanation, the insolence of the lower officersr 
of the departnaent is not to be endured, adding greatly to 
the dislike and disrepute of a board, countenancing such 
conduct in their servants. Another powerful cause is tha 
culpable mismanagement of the granary, of the bakers, and 
of aU that concerns bread, '^ the staff of life." An hungry 
peofde will complain, and the senate is loudly charged a» 



46 BURGrtER ^£N^Atf1. 

beingy through its ignorance and servility, by giving vtrfty t^ 
an export of com with an empty granary, the cause of 
dearth in \B19, and again, through similar imprudence in 
1 82 1 , bringing a scarcity of bread on the people, amounting 
nearly to famine. 

If this imperium in imperio is to exist, let it reform it^ 
conduct and retrace its steps ; — let it, as the first advance to 
a better understandings free the bakers and butchers from 
bondage and restriction, allowing them to pursue their own 
private interest in their own way^ which is the straight road to 
cheapness through competition* The burgher senate should 
follow the advice given by a French mercantile body to the 
minister of finance, who, anxiously inquiring how the grand 
monarque could best serve it, received fpr answer, '* Liaissez-* 
nous faire ;" a saying which every government should keep 
in mind, when it meddles in commerce or manufactures. 

The first step, and a most important one, is to procure 
by import aow, and by purchase from the Boers, for the 
future, a stock of corn adequate to the consumption of six 
months, ready to be brought forward at any moment for 
sale^ like the goods of any other merchant ; a thing indis<* 
pensably necessary and never to be omitted, in order to 
secure a supply of bread, in a country where the harvest is 
so uncertain and precarious, that a failure in the crop takes 
place every three or four years, and where four thousand 
settlers from England, bread eaters, hungry and unprovided, 
have suddenly fallen upon unfavourable harvests, inade- 
quate for the supply of its own gradual increase of popu- 
lation. 

The com Boer complains that, when there is an abundant 
harvest, the supply of wheat sent into Cape Town, in Ja- 
nuary, February, and March, so far exceeds the demand, 
that without export, the price is inadequate to repay the 
culture ; and asserts, that a sum below one hundred rix- 
dollars per load of wheat of ten muids, will neither save 
him from loss in the most abundant season, or encourage 
the growth. Whenever the price of corn is below one hun- 
dred rix-doUars per load, the grain committee of the burgher 
senate should operate as an export, and purchase all the 
wheat that is brought into market, re-producing it like an 
import in October and November, when the markets are 
bare. These two measures vnll assist the public and the 
Boer, and both will be content. It would tend to equalize 



feURGHER SENATE. A9 

the price of bread at a reasonable standard, and it will afford 
to the senate the means of purchasing a fresh yearly supply 
of grain to be stored for the public exigencies. 

Let the same meddling system, practised towards the 
baker, (Appendix E.) be withdrawn from the butchery* 
Witlun a few months, the burgher senate has effected the 
removal of the butchers, heretofore spread throughout the 
town, into convenient well arranged shambles by the sea 
side. Till this period, the owner of the best house in the 
Cape might be annoyed at any time, by the establishment 
of a slaughter-house at the next door, which in a hot cli- 
mate is intolerable. The judicial distinction of the indivi- 
dual going to a nuisance, or of a nuisance coming to the 
individual, is unknown here. The removal therefore of 
slaughter-houses was salutary and judicious ; but as meat, 
when cut up in joints, is also forbidden to be sold in private 
houses by the butchers, great inconveniency results to the 
distant inhabitants, particularly the poor, who are obliged to 
wander, at great loss of time, to this extreme part, for their 
daily pittance* It must be allowed by all who have wit-^ 
nessed the clean, well ordered butchers' shops in Bath and 
London, that the sight of so much delicious food is not aq 
unpleasing object to those, who are certain of having a 
share, at dinner, of the delicacies they have viewed with so 
much satisfaction. 

The burgher senate has published instructions to the 
butchers, and even to the butchers' wives, (Appendix F.) as 
oppressive to individuals as the laws of any despot. In 
these instructions, the public is informed that the butchers 
are allowed to occupy the new shambles ** gratis.'* In 
Europe, gratis means " for nothing." In South Africa, it 
means the imposition of a new tax on the public, advanced 
by the butcher on the morrow of the slaughter of each ox 
and cow, two rix-dollars ; calf, one rix-dollar ; lamb, sheep, 
or goat, one quarter dollar ; raising thus on the public^ 
(with the consent of the governor) an annual sum of 40,000 
rix-dollars, in the worst possible way, to pay an annual in- 
terest of 7,200 rix-dollars, •for the cost of the building. In 
what manner is the surplus expended ? 

The encroachments of uncontrolled power, whether in 
mighty or petty tyrants, act alike. The burgher senate have 
lately issued regulations, restricting the right of an indivi- 
dual to make an alteration in his own hearth, fire-place or 

E 



50 BURGHER SEI^ATH; 

i^nimiey^ without their permission. * The pretext will M; 
the danger of fire ; but only owe house has been burnt 
down within memory, although chimneys and hearths have 
been hitherto under the direction of individuals studying 
their own security, in these domestic arrangements. A 
more absolute or a more wanton stretch of petty power,, 
annoying the public, was never manifested. 

This fire, though very inconsiderable, is remembered to have 
happened in June, 1809> for a whimsical circumstance. A 



♦ REGULATIONS to be observed in Cape Toon, in k^ing Hearth^ 
erecting Fire-places, ChimnieSy or using Funnels, tohich Instructions are 
made by the Advice of H. M^ Fiscal, and Inf the President and Mem- 
bers of the Burgher Senate, and approved by his Fjtcdbency the 

, Governor: 

1. The proprietor or proprietors of all houses built in future, are to 
apply to the burgher senate, before fixing the beams where the hearth i» 
to be laid, when a person will be directed to give the necessary direc- 
tions thereon ; also, in what manner the chimney piece is to be fixed. 

5. Those erecting a chimney, or funnel, are to be under the guidance 
of the person, who is appointed to ^ve directions. 

3. No person shall be entitled to erect a fire-place in his house, witlv? 
out the previous knowledge of the burgher senate ', when the same regur 
lations must be attended to, as in Article 1a 

' 4. Stoves must stand on iron plates, as nothing else will be allowed. ' 
i 5. No person shall alter a hearth, fire-place or chimney, without the 
previous permission of the burgher senate. 

6. The superintendant of this work must be duly respected. 

7. He shall receive for his trouble, in attending the erecting or alterii^ 
iiearths, fire-places, chimnies or funnels, (which he must attend untn 
completed,) two rix-doUars. 

8. It is optional who the person employs, ii| erecting a hearth, fire^ 

{>bice or funnel ; yet to be under the direction of the person, mentioned 
n Article 1. 

9. Those desirous to employ the person, who is appointed by the 
burgher senate, ara at liberty, on paying for the same ; save the fixed 
^um of the said two rix-dollars. 

10. Should it be discovered, that any of the above regulations have 
iiot been punctually attended to, the person so ofiendlng shall pay a fine 
x)f 25 rix-dollars fpr every such offence : divided, one-third to the town 
*tt«asury, and two-thirds to the person giving Information. ' 

• Thus doDe. and decnetd, at a meeting of the burgher senate. Cape of 
Good H ipe^ on the 2rth Februafy, 1622. 

M. VAN BREDA, President, 
■ By order of the burgher senate, 
aforesaid, 
P. J, TRUTER, Secretiiry, 
Fiat. 
(Sigoedi) C.H.SOMERSET. 



aUROHEB SENATE. 61 

stHii^^, teii^p^sthbeatw and sic)^^ arriving in Table Bajp, 
desired to be Immediately Jiinded, that he might enjo}^ ease 
and quiet. The day vas intensely \ipt, biut going ^arly t9 
bed> he was slj^ortly after pearly thrown out of it, by the 
shock of an earthquake^ Terrified, he fled with others to 
the fielda for safety, and returniip^ in the inorning, the ds^y 
passed <{uietly. At night fatigued, he went early to rest, 
and soon sdlter the alarm of fire was g^ven, and the next 
house burnt down. The stranger instantly ordered a boat, 
declaring " water to be tl^ safest element : fpr in the last forty* 
eigbt hoursr he bad been nearly suffocated by the hot ak, 
buried by the efirthquake, and burnt by fire/' 

In the appointment of a board called a burgher senate, 
it would naturally be expected that the burghers or the ^n- 
babftant householders would have votes, or some share in 
the choice of those who were to regulate all which interfere^ 
•0 materially with .their pockets and their enjoyments. The 
polony has been fifteen years in uninterrupt^ British pos- 
aesstoa, yet no Englishman has ever been selected as ^ 
mmpfa^, a circumstaiuce causing jealousy, in a body raising 
taxiM:<ra the conununity, whqre so m^ny Englishmen ar^ 
payersv> Tbe burgher senate is, in ^^sequence^ cousidefe^ 
as a Bwr^ eagine in tltfe hands of government, under whose 
onlers; every thing is supposed to be conducted, and t)i^ 
^eaatoca as ao. many puppets, moved by th^ wires of the 
grand magician of the day«, . To make this board accept- 
able to the public, an election should take place at state^ 
periods, by the Ei^i^h and Dutch householders, paying 
taacft, 'who would elect. those men w|io appeared to them t^ 
be best calculated to perform the duties vyith skill and 
fidelil^« To levy ta«€6 i9 an odious operation, but mep 
sttbttutt^ them iesis retuctantly, when their appropriation 
is conducted by those of their own choice. This forms 
t^ strength and value of a representative board in pecu* 
njary transactions. 

It is not here intended to advance any thing so absurd 
as that the burgber senate might not> by possibility, be- 
come an institution - serviceable to the colony • It migjbt 
even act,.iflL- a small degree, as a desirable che<:k on govern- 
Bient, in matters whidi relate to the care and doniestic 
comfort of the colonists ; but to be so, it must be j emo* 
delled, and acquire a new constitution. The m^orj and 
magbtrates of many cities in England arc elected by the 

E 2 



62 BURaHER SEN ATI:. 

wards ; and the duties of these courts, and of the burgher 
senate, are in many respects not very dissimilar. If an 
election of members of the senate were to take place pe-^ 
riodically, and the president chosen by the senate out of 
its own body, and approved by government, and the audi- 
tor and comptroller appointed by government, there could 
be no reasonable charge of undue influence. But into 
this, and into all the other numerous departments of the col^ 
ny, it is become necessary to admit a due proportion of Bri- 
tish-born subjects ; nor will the colonist rest satisfied with 
the i)l-judged system of selecting Cape-Dutch for the miiK>r 
boards, almost to the exclusion of every English inhabitant; 

The principle of gratuitous services i» high and disin- 
terested ; but it will " endure only for a moment/' Zeal 
abates ; and whenever business is undertaken without pay, 
it is neglected without much reproach from the conscience 
x)f the individual himself, or from others. '^ The labourer 
is worthy of his hire ;" and instead of giving sakiry dtivittg 
the two years of presidency, it might be better to aUcKW an 
annual stipend to every member of the senate, in {Mrop«r- 
tion to his rank ainl services. The public would then baxo 
a fair right to claim intelligence and attention; and the 
senate, elected hf the burghers and householders, remune-^ 
rated for its time, would discover it to be its interest to be 
careful, and to watch over the public good, and in so doing 
acquire the respect, esteem, and veneration of the inhibi- 
tants. 

The senate has a treasury and a treasurer, and it is. to 
be concluded that the large sums of mooey received from 
the town taxes are faithfully expended, in the fulfilment of 
the various duties committed to its care, but although 
there is a general knowledge about all other boards, here 
exist doubt and darkness ; — nor are the accounts and ei(- 
penses, with the exception of the commando tax, laid 
before the colonial auditor, or examined and passed by 
him. 

There appears to be so much lending and borrowings 
between government and the senate, that it would. 1^ «atifi-r 
factory if a clear and full account of the large and inM^eas^ 
ing receipts, and of the disbursements of this impenetraUe 
and mysterious body, were aniiuklly brought forward, and 
printed for the information of the public. 

There is one establishment under the burgher seoatev 



ORPHAN CHAMBKR.) ^ 

f»f M^hich no man can disappfove> though under, that con- 
troul. The wardTmasters, a very respectable class of m^n 
in middle life^ are charged with all the minutiae of the 
domestic poUce of the town. Removals into, or depar- 
tiife from, the dtferent parts of Cape Town, by inha- 
bitants, and. the apartments where strangers or foreigners 
lodge, are all ordered by law to be made known, un- 
ckr a penalty, to the ward-master, and by him to the. 
senate, together with the avocations of the parties. It is a 
duty assi^ed to them, to take care of the cleansing the, 
streets, and to prevent nuisances and obstructions of every 
kind, and to be on their posts in case of fire. Each ward- 
master serves three years, but, receiving no direct pay by 
way of equivalent for the service, is excused frpm paying 
certain taxes and imposts. The ward-master is enjoined 
to have his name in large letters on the front of his house, 
for die infonnation of all who require his aid and assistance. 
This officer is compellable to serve^ under the penalty of 
the loss of his burghership ; and on refusal, (the govemoi' 
approving) may be sent out of the colony, as an unwilling 
and refractory burgher. 

SECTION II. 

Orphan Chamber. 

It i» with pleasure and satisfaction that every man must 
contemplate an establishment so beneficial to society, and 
so honourably conducted by the parties. The qualifica- 
tion for the Orphan Chamber is thus described in the In- 
struction : '' Orphan Masters are in general to take charge 
and administer to all estates of those who, dying in this 
colony, leave minor heirs, or heirs residing abroad, either 
ex te$tamento or ab intestato, provided the orphan chamber 
was not expressly excluded by the deceased ; with the 
exception, however, of the estates of military, leaving nq 
children in the colony, which are to be administered by the 
judge-advocate of the garrison, or any other person duly 
audiorised." 

The orphan chamber stands so high in public esteem^ 
that many of the inhabitants appoint the chamber to exe- 
cute the trusts of their will and testament, in preference to 
persons of their own family. There is a little additional 
expense to the parties concerned, by so doing, as five per 



54 ORBUAir CUAMBfiR^ 

cent* M the Coimnimoii allowed to the private admiiiiitrar> 
tors of the effects of a deceased person* When any.one^ 
not in his Majesty's naval or military service, diets intestate^ 
leaving no chudren; or leaving any o£ them minors, the ot^ 
phiin-chftuUier by law admmisters to the estale; and haviag 
fiealized the effects, wad satisfied theereditoi^, ualess-theDe 
be any set^mcfnt before mamhge (which is Very rar^) in-" 
terfering with the usual disposition, they distrifafute tbe^ 
amount amongst the parties who are of age, according to 
Ae laws of the colony, reserving the shares of inifiMrs till 
tbejr attain majority at twenty-^five. Under the lawa Of 1I1& 
colonj^ the widow takes one4ialf, whether it be real or.par^ 
sond property, and the other half is divided eqaally be^ 
tween tb^ children, whether male or female; and if no 
ehildren, to the nearest relatives of both father and mother^ 
No one by w81 can deprive a child of its share of the legi^ 
ginlfite portion, which is one^tbird of the property^ where 
there are not more than four chUdren ; and if more^ one- 
half. But a man can leave to his widow, in addition t6 ther 
balf she inherits, one child's portioil. At the death. of the 
widow unmarried, her half descends, in like m.antiery to the 
children ; but if she has a second husband, and children by 
him, her property goes equally between such husband and 
the children of both beds, as does the property of the hus- 
band at her death. 

If a married person dies intestate, and leaves children 
under age, the orphan chamber is at liberty, on the appli** 
cation of the surviving husbdnd or wife, to suffer him or her 
to^remain in possession of the whole estate, on conditkm that 
to inventory be taken, and a fair valuatibn be made of the 
^ame^ according to which valuation, the half. of the net ba^ 
lance is assigned to the children in equal shares, and left 
in the haiids of the survkor, pr^rided good seeority be 
given, that the share of each of the children will befortb^ 
coming at their becoming of a^. The principle of this 
regulation is, that it is the interest of the children .them* 
kelve^ to haVe their parent remaii^ing in the undisturbei} 
possession of his concern, in order to prevent the dangcbr. of 
loss, arising from a sudden dispoisal ot the esftate ; and also 
to preserve more fully to the surviving parent, the mirans of 
educating his children^ It is always to-be kept in views 
that cbhummity of property among married people: is the 



ORPHAN CHAM3EE. 5§* 

laEWof tbe t<dooy, uiilesB exoept^d or restrioted bj a settle- . 
ment before marriage. 

In default of children, the succession goes nearly in tbe 
same line as in England, with, the exception diat the half) 
bh>od is admitted to share equally, and that there is no adr . 
vaBtage from primogeniture* 

If an ii^bttant, or a stranger, die a(t the Cape without 
stfiy acluiowledged relatives, the property, after discharging 
the debts, is sold, and reserved for " the unkqown heirs," . 
and every method is taken for the discovery. If none ap* » 
pear within fifty years, the property, until an heir be founds . 
IS paid over to government. This, however, is a circum^ 
stance which is said rarely to occur. All wills must be 
produced to the orphan chamber before they are put ill; 
force by private executors or administrators, and an inven<«' 
tory where a sale takes place must be lodged in the cham-»^ 
ber. The very large sums of money which are realized by » 
the sales of the effects of intestates, and of other deceased > 
persons, are, during the minority of the parties, lent on 
landed security, with the addition of two personal securi-^l 
ties, in order to insure punctuality in the repayment. The 
colonial interest of six per cent, is paid every six months* 
upon any principal sum of not less than ^5 rix-doUars,- 
to such as are entitled; whilst property of minors ac^r 
cumulates till majority; but an allowance is made to> 
them suitable to their situations in life and the probable^ 
expense of education, according to the judgment of the' 
chamber. - 

There is no difficulty in the succession of distant or ab- 
sent heirs to the effects of their relatives dying at the Cape. 
They are required to send a power of attorney, with proofs 
of their consanguinity, and of their title to the inheritaoice; 
and on receipt of the legal documents, the amount is im- 
mediately paid. After the death of a stranger at the Gape, 
i^hould ^ Mend of the deceased suggest the propriety of 
reserving such trinkets or remembrances from a sale, aqr 
might be desirable for the friends to retain, they are most 
readily reserved by the orphan chamber, provided the debte 
are not unpaid. In truth, punctuality, fidelity, and proper 
feeling, are the qualities of the orphan chamber at th« 
Cape of Good Hope. 

There is one case in which the interference of the otr 
phan chamber iippears to be improper, though perh^s not 



66 TESTAMENTARY LAWS. 

iHegal. If a married couple come to the Cape for a loe^e . 
temporary occupation^ on account of ili health, or 6lber . 
dmse, and one happens to die intestate, leaving children, 
tHe orphan chamber claims, and has exercised, the right <^f: 
dtstrihution. If, for example, a wife dies, an English wo- 
man, who by the laws of her country possesses no pro- 
perty, except by win or settlement, distinct from the hus- 
band, the chamber might take possession of her clojlhes . 
and trinkets, and divide them between the husband and 
children, according to the colonial law ; and it is owing to . 
discretion and proper Reeling, that the law is not always . 
put in execution. 

A board is held every other Wednesday, at which either, 
the president or vice-president must attend. Three memr 
bers make a board. No decision can take place on mattera 
of importance, unless the president personally attends. In 
cases where individuals consider themselves i^grieved, the 
court of justice is open for their redress. 

In the Dutch time, the board, with very diflFerent feelings, 
firom those of this day, helped itself, and deducted its own 
salaries from the receipts. The English government abo-, 
lished the practice. The fees and profits are now paid to the» 
government funds, and the accounts examined and passed by 
the colonial auditor. There is a president, vicerpresident> 
four members, a secretary, and clerks ; all of whom are ap-, 
pointed, paid, and removable by the colonial government^ 



NOTE. 

A short Statement of the Testamentary Laws at the Cape. 

An estate, in Cape-rDutch law, includes that of which ^ 
deceased person dies possessed, as well real as personal, 
property, comprehending debts and actions. 

The right tq an estate is by inheritance, whereby a per- 
son obtains the actual possession of the property in exis- 
tence, including all actions ; that is, all right and claiu]^ 
which the deceased had against another, at the sanie time 
becoming subject to the debts of the deceaseds and to al| 
Icgdl daims against him. 

The manner in which an inheritance is acquired, is by 



TESTAMENTARY LAWS. 57. 

laftl will and teslaipieQty or by the law of succeMum — ab in- 
tesiato. 

The disposition . by last will or. testament excludes the 
succession by law ; the law only regulating the succession . 
when the deceased has not made a wilL 

WILL OR TESTAMENT. 

^ A wiH is a legal declaration of a man's intention after 
his death. 

Wills are made either before a notary and two witnesses, 
who, together with the testator, subscribe the same, — or 
before seven witnesses specially convoked for that purpose. 
Wills may also be made by the testator, and subscribed 
by himself, without thie presence of either notary or wit- 
nesses ; but then the will, being sealed up by the testator, 
must be presented to a notary, and declared to contain his « 
last will, of which the notary writes a certificate upon the 
cover of the will, signed by himself, the testator, and two 
witnesses. 

Th^ intrinsic substantial solemnities of a will are : — ' 

A. — ^The appointment of an heir or heirs. 

B. — The bequest of some inheritance to children by 
their parent, and to parents by their children, at least ni 
the legitimate portion ; which with respect to children^ if. 
they are four or less in number, is one-third of the net 
amount of what they would have inherited ab intestato, 
and if five or more, one moiety ; and with regard to pa- 
rents, always one-third. 

C. — No disinherison of child or children by their parent, 
or of a parent by his child, is of effect, without assigning 
some lesal cause for so doing, and proving the same before 
a commission from some judicial board. 

Brothers and sisters are entitled to a legitimate portion, 
only, in case the deceased instituted an infamous person as 
his heir. Except the legitimate portion to children or pa- 
rents, and in the extraordinary case just mentioned to 
brothers and sisters, a man may dispose at his pleasure of 
the remainder of his property, in behalf of ^whomsoever he 
chooses and in such shares as he thinks proper. 

There are, however, some persons excepted, who may 
not inherit by will ; for instance, persons remaining with 
the tnemy, banished persons, illegitimate children, &c. of 



56 PRINTING-OFFICE. 

whidi aneimmeration may be found m Van Leei^vefr's' 
Commentaries on the Roman Dutch Law. 

Codicil 19 a dort of last will^ in point of solemnity nearly 
similar to a testament, but not containing the appointmetkt- 
of an heir or heirs, bat merely legacies, the appomtmetitof 
executors, or some other last disposition ;^but not the dis- 
posal of full inheritance. 

There is also a sort of codicillar disposition, requiring 
no solemnity whatever, but merely the testator^s own hand- 
writing, or own signature ; provided the testator has, in a 
preceding solemn will, expressly reserved the power of this 
niode of disposition. 

LAW OF SUCCESSION. 

, The law of succession operates where the deceasfed has 
either 'made no will at all, or when his will, on account of 
some substantial defect, is set aside. 

« In the first {dace, the law calls to the succession descein- 
dants. 

The deceased having no descendants, the ascendants are 
called in some cases, and brothers and sisters in others. 

In case neither descendants nor ascendants exist, brothers 
and sisters, together with the children of predeceased bro- 
thers or sisters, inherit; the nearest of kin excluding those 
who are in a remoter degree related to the deceai^ed. 



SECTION III. 

Printing' C^e. 

The liberty of the press is a feeling so congenial to the 
heart of a British subject, that it is mortifying to describe 
such a degraded establishment as the government printing- 
office at the Cape of Good Hope. The annual circle of 
its duties consists in printing the Cape Calendar and Al- 
manack, and a weekly newspaper called the Cape Gazette^ 
which is in fact a mere list of proclamations, of civil and 
military appointments and promotions, marriages, births, 
christenings, deaths, the price of articles of produce, and 
advertisements of sales, the notices of the sequestrator, of 
the orphan chamber, of the burgher senate, and other 



boards ; all of whieb is extremiely useful t^ btijffca apd sd^f 
lers> but by no means anuising or instructiye. The public 
is rarely indulged with a scrap of European iotelligeoce ; 
and .wli(^'«itch a cir<:Mmstance does .take place^ it cpvflisjkst 
of mister suited to the &ubaiii?siv0 state of a $:Qlony* SoiM 
account of the defeat of a popular party ina natton^sonie^ 
praise of a king or of a nairiister — some cj^Q^tion from the 
pamphlet of an honourable member^ ivritt^i to persuade 
the public> (vain attempt !) that " it is not expected that 
any perceptible advantage will be experienced m private 
life, from all the reductions in ihe, power of any adnuii^lra*: 
tion to propose, in the present state of the worlds ^d the 
order of things in this country." Lascelleg' LetUr* 

Here are no extracts from parliamentary debates^ uptbing" 
breathing opposition or leading to discussion, for. this. migM 
create a habit of thinking ; nothing scientific, lor that might 
enlighten ; but the whole is a mass of umnteresting, tast^lcta^ 
stupidity. 

Another daily occupation of the press is printing tmndn 
bills and notices; — ai^d this is the whole range of th^ Bri- 
tish press, in a colony distant by a thre^ months* voj^age^ 
from the mother-country, to the interests aiid politick of 
whichy at this distressful period, the European inhabitauta 
are tremblingly alive.* 

The Cape press has hitherto cautiously avoided opening 
a field for the discussion of such subjects of literature and 
of g^)eral polity, as might remind the reader of the Goiglisb 
press, and might assist in opening. the undeifstanding,^ and 
bberaliziag t& minds of an ill-^ucated Cape-Dutch pio* 
pulation. 

It may be matter of surprize that, in Cape Town# indi- 
Tiduals have not established a press as a private oonc^ni^ 
There are men of diligence and talents equal to the Uttder-* 
taking ; but in the Cape peninsula there are ^not £ngUsh 
readers sufficient to give a probability of pecuniary tf^mu^ 
Deration equal to the necessary expenses. Sixteen huthr 
dredvCape Courants are printed every Friday eveoiag^of 

■ > 

• Within thej?ear 1821, the Cape press underwe?it the ff^tigae of 
priDtiug a sermon against slander; and^twenty copies of 176 lines each. 
)n rhyme, entitled ** Emigration,'* written to immortalise the virtues anq 
talents of Sir R. S. Donkin, the acting governor. Both were printed 
by order of the acting governor, and the laudatory one for his own dis* 
JmbuUod in EngUuuL ' ' .. . ; 



60 PRINTING-OFFICE. 

wfakh govemment dispatch by the post of Saturday about 
six hundred, to the drostdys and to the public functionaries 
in the country, without expense to the parties. The dif- 
ferent departments also in Cape Town receive the Courant 
for the use of their offices. The remainder is purchased 
by the Cape merchants and other dealers, to guide them 
in their attendance upon the daily sales, and to inform them 
of the government official regulations. 

The gratuitous circulation of so many papers through 
the colony, with the insertion of government advertisements, 
and those of private sales through all the drostdys, by the 
Cape Courant, give an advantage against which no other 

?aper could stand ; so that, in Uie present state of Cape 
'own, no such attempt can be recommended. One print- 
ing-press was brought out, and government made the pur^ 
chase of it ; but the numerous settlers on our eastern coast 
wUl not long be .content to bear their fancied or real griev- 
ances, without the English luxury of grumbling in print — 
and to that quarter men must now look. 

A free press, bearing hard upon the vices and absurdities 
of mankind, is the grand corrective of the present times. 
It holds up infamy to contempt and scorn, and marks out 
folly for derision. It awes oppression, and bestows on 
worth and merit the reward of public regard. It improves 
the morals, assists the cause of virtue and religion, and 
guides the taste of society. It may become licentious; 
but the powerful hand of the law can chastise its intempe- 
rance. The freedom of the press was the means through 
which English liberty survived the house of Stuart, and the 
more recent attacks of these later days. 

In the heterogeneous mixture of individuals located in 
the district of Albany, there are no doubt ingenious and 
lit^ary men, qualified to be editors of a newspaper ; and 
if it be conducted with temper and discretion, uniting co^ 
lo&ial occurrences with an impiirtial and judicious selection 
of European news, politics, and literature, it would add 
essentially to the gratification and improvement both of the 
old and new inhabitants. By the receipt of the weekly 
Courant from the Cape, the proclamations and official do- 
cuments binding on the community, might be inserted ; — 
to this would be added the course of events arising in their 
important portion of the colony, and the advertisement of 
Iheu* local trade and commerce. It is therefore to the easi 



HEtlGION. 6i 

that the Cape roust look for the liberty of the press, and 
for the knowledge and circulation, through the medium of 
a newspaper, of all which the censor of the press at Cape 
Town would refuse to insert. 

The Cape Courant is conducted by a superintendanl 
and compositor, a corrector of the English, pressmen, &c 
The censor preserves the strictest incognito. The press 
is a source of small emolument to government^ through the 
numerous advertisements inserted by individuals. 

The new appointment of editor to the Cape Courant 
has lately been made, but it would be a sacrince of truth 
to state that there was any perceptible improvement in 
style, intelligence, or in vivacity. It is to be expected that 
the politics of the Cape court should give the bias : — but 
although the chief dishes are cooked to the taste of the 
head of the table, the other guests might relish them bet- 
ter with the addition of a sauce piquante. 

This establishment is appointed and paid by the colonial 
government, and its officers are removable at pleasure. 

SECTION IV. 

Religion* 

Th£ established Cape-Dutch church is Calvlnistic. The, 
duty is performed twice on a Sunday to a ' numerous wtA. 
apparently devout congregation, and also on saints^iaytf. 
There are three clergymen, who attend alternately at 
morning and evening service ; and catechising the young; 
people is at^ particular periods an important part of tlmr 
weekly duty, which is performed with great regularity, 
equalled by the strict attention of the learner. 

The sacrament is given every three months, and the stores 
and offices of the Cape-Dutch inhabitants are closed on the 
preceding Friday, and oh that day there is a church service, 
by way of preparation for the solemni^. 

The Dissenters or Lutherans have lately erected a Twy 
handsome church at the top of Strand-street, on the rise of 
the Lion's-hill. *The swan of Luther adorns the front. 

* Huss wa» IB most points a strenuous Calviuist, if we may anticipate 
the epithet, but neither be nor Jerom of Praj^ue denied the real presence 
in the Eucharist, and Transubstantion. U is said, tbytt at his execution 



C4 llELIGfOK. 

the soldiers attend by regiments, and their martial inusk 
adds to the solemnity of the service. 

Lately an English chapel has been established at Wyn- 
berg, formerly a military cantonment, which together with 
Rondebosch and other places in the neighbourhood of 
Newlands, the residence of the governor, is now the sum- 
mer resort of the fashionables of the Cape. The clergy- 
man who officiates was sent out by the Church Missionary 
Society to convert the heathen ; and it must be acknowledgedi 
with reluctance, that, being a conscientious man, and bound 
by his engagements to direct his efforts where there was 
most need, he has commenced his duties by a preference 
not very complimentary to this polite part of the colony. 

In every drostdy there is a Dutch Calvinist church, paid 
by the colonial government. The endowment is insuffi- 
cient, being two thousand rix-dollars. Cape currency, per 
annum, with a house and garden ; but the high pre-emi- 
nence, which the Cape-Dutch clergy hold over the laity> 
may be accounted by them as part compensation for the 
duty. The Cape^ however, cannot be accused of having 9 
slender establishment of preachers, or of being without a 
sufficiency of predicants to instruct the heathen, if capable 
and willing to be enlightened : besides these, there is the 
whole array of missionaries of the different sects, not paid 
by the colony, 

PREDICANTS. 

At Stellenbosch j^OOOrix-dollars per annum: with a housn, 



[ aiciitjuin/scu ' 


L 


gard 


en and land» 


Paarl . . . 


2000 . 




Ditto 


Swartland » • 


2000 . 




Ditto . 


Caledon . . 


2000 . 




Ditto 


George . • 


2000 . 




Ditto 


Sweilendam . 


2000 . 




Ditto 


Tulbagh . . 


2000 . 




Ditto 


Beaufort . . 


2000 . 




Ditto 


Graaf Reyuet 


2000 . 




Ditto 


Uitenhage 


2000 . 




Dit^o 


Somerset . . 


2000 . 




Ditto 


Clan William 


2000 . 




Ditto 




MISSIONARIES. 


Caffraria . . 


1000 . 


, , 


Ditto 


Chinnie . . 


1000 . 


, , 


Ditto 



RELiGibi^t 65 

CHAPLAINS. 

At Cape Town . 700/. sterling. 

Simon's Town 330/., besides surplice fees. 

There is a church at Simon's Town, with a colonial chap^ 
lain ; so that those of the English who are disposed to at* 
tend divine worship have the means within their reach every 
Sunday* 

Within these few months, the Roman Catholic religion 
has been more than tolerated, and subscriptions haVe been 
collected from inhabitants of all persuasions for building a 
Catholic chapel. * 

It was in the contemplation of the colonial government 
to make an annual allowance to the Catholic priest : a Pro- 
testant government probably might not oppose any means 
of making the priest dependant ; for he who pays, usually 
directs. The intention> however, was for some reason aban- 
doned. In the British regiments, stationed at the Cape^ 
Catholics abound. Government permits a soldier to at^ 
tend on a Sunday at the church of his faith, but such per- 
mission is a mockery, unless encouragement be given to the 
establishment of the church and the priest. 

There are many Catholics at the Cape in very respectable 
situations of life> who have not had the means till now of 
partaking of their own religious ceremonies, as, since the 
occupation by the English, no priest had been known to 
reside at the Cape. If this circumstance Urose from a 
spirit of intolerance in the English government, it is ex-> 
tremely reprehensible ; but if from want of zeal in the Ca- 

» ROMAN CATHOLtC PtACBi OF WORSHIP. 

In my endeavours to build a Roman Catholic place of worship, oh a 
space of ground which the burgher senate has allotted for that purpose ; 
I appeal for assistance and co-operation to the generosity of the Roman 
Catholics of this colony^ I am well convinced, the selfish consideration 
of the impossibility of their sharing in the blessings emanating from a 
proximity to the visible seat of their religion, will Bot operate with the 
Catholics, residing in the interior or distant confines of the colony, in 
weakening the influence, or repressing the spirit, t>f their liberality and 
munificence. 

To the beneficence of Cliristians of other denominations, I may ex- 
hibit the powerful claim arising from a fellowship in the worship of the 
same Divine Object of our gratitude and our hopes, which the enlight- 
ened and liberal views of modern times have^ I trusty so happily taught 
us all to appreciate. 

P. SCULLY. 



C4 iiELiafoK. 

the soldiers attend by regiments^ and their martial inusk 
adds to the solemnity of the service. 

Lately an English chapel has been established at Wyn- 
berg, formerly a military cantonment^ which together with 
Rondebosch and other places in the neighbourhood of 
Newlands, the residence of the governor, is now the sum- 
mer resort of the fashionables of the Cape. The clergy- 
man who officiates was sent out by the Church Missionary 
Society to convert theheathen ; and it must be acknowledgedi 
with reluctance, that, being a conscientious man, and bound 
by his engagements to direct his efforts where there was 
most need, he has commenced his duties by a preference 
not very complimentary to this polite part of the colony. 

In every drostdy there is a Dutch Calvinist church, paid 
by the colonial government. The endowment is insuffi- 
cient, being two thousand rix-dollars. Cape currency, per 
annum, with a house and garden ; but the high pre-emi- 
nence, which the Cape-Dutch clergy hold over the laity, 
may be accounted by them as part compensation for the 
duty. The Cape, however, cannot be accused of having 9 
slender establishment of preachers, or of being without a 
sufficiency of predicants to instruct the heathen, if capable 
and willing to be enlightened : besides these^ there is the 
whole array of missionaries of the different sects, not paid 
by the colony. 

PREDICANTS. 

At Stellenbosch \ ^OOOrix-dollarsper annum: with a hous«, 



[ li^ieiienmn^cn •< 


i 


gard 


en and land 


Paarl . . . 


2000 . 




Ditto 


Swardand • * 


2000 . 




Ditto 


Caledon . . 


2000 . 




Ditto 


George . • 


2000 . 




Ditto 


Swellendam . 


2000 . 




Ditto 


Tulbagh . . 


2000 . 




Ditto 


Beaufort . . 


2000 . 




Ditto 


Graaf Reynet 


2000 . 




Ditto 


Uitenhage 


2000 . 




Dit^o 


Somerset . . 


2000 . 




Ditto 


Clan WiUiam 


2000 . 




Ditto 




MISSIONARIES. 


Caffraria . . 


1000 . 


. • 


Ditto 


Chinnie . . 


1000 . 


, , 


Ditto 



RELiGibJ/i 65 

CHAPLAINS. 

At Cape Town . 700/. sterling. 

Simon's Town 350/., besides surplice fees. 
There is a church at Simon's Town, with a colonial chap^ 
lain ; so that those of the English who are disposed to at* 
tend divine worship have the means within their reach every 
Sunday* 

• Within these few months, the Roman Catholic religion 
has been more than tolerated, and subscriptions have been 
collected from inhabitants of all persuasions for building a 
Catholic chapel. * 

It was in the contemplation of the colonial government 
to make an annual allowance to the Catholic priest : a Pro- 
testant government probably might not oppose any means 
of making the priest dependant ; for he who pays, usually 
directs. The intention^ however, was for some reason aban- 
doned. In the British regiments^ stationed at the Cape^ 
Catholics abound. Government permits a soldier to at-* 
tend on a Sunday at the church of his faith, but such per- 
mission is a mockery, unless encouragement be given to the 
establishment of the church and the priest. 

There are many Catholics at the Cape in very respectable 
situations of life, who have not had the means till now of 
partaking of their own religious ceremonies, as, since the 
occupation by the English, no priest had been known to 
reside at the Cape. If this circumstance Urose from a 
spirit of intolerance in the English government, it is ex-* 
tremely reprehensible ; but if from want of zeal in the Ca- 

» ROMAN CATHOLtC PtACBi OF WORSHIP. 

In my endeavours to build a Roman Catholic place of worship, On a 
space of ground which the burgher senate has allotted for that purpose *, 
I appeal ror assistance and co-operation to the generosity of the Roman 
Catholics of this colony^ I am well convinced, the selfish consideration 
of the impossibility of their sharing in the blessings emanating from a 
proximity to the visible seat of their religion, will not operate with the 
Catholics, residing in the interior or distant confines of the colony, in 
weakening the influence, or repressing the spirit, of their liberality and 
munificence. 

To the beneficence of Cliristians of other denominations, I may ex- 
hibit the powerful claim arising from a fellowship in the worship of the 
same Divine Object of our gratitude and our hopes, which the enlight- 
ened and liberal views of modem times have^ I trusty so happily taught 
us all to appreciate. 

P. SCULLY. 



66 RELIGION. 

tholic8> it affords additional proof, how much the ardour of 
placing themselves in a situation to make converts has 
abated in the members of that faith ; and is, as far as it 
goes, an argument against danger to the Protestants from 
Siat disposition of mind. There has arisen lately a spirit 
of intolerance towards sects of a form of worship differing 
from the English church. Is the Cape to adopt in the 1 9th 
century the exploded system of religious distinctions ? Here- 
tofore the baptisms of the chapels of the different mission- 
aries, and of Catholics, were, together with those of the 
English, Calvinist, and Lutheran churches, admitted into the 
Cape gazette, but are now excluded. 

A political commissioner, with the salary of 1500 rix- 
dollars per annum, is an appendage to the Cape-Dutch 
established Calvinist church. His duty consists in prevent- 
ing the discussion of any state-matters at the meetings of 
the clergy or of the church authorities. If there were such 
an appointment in England, what an overthrow to the 
hierarchy ; what ruin to the cry of '* church and state" ! 
There would be an extinguisher placed over addressing and 
protesting clergymen. 

The missionaries of different sects are in considerable 
number, and in great activity ; but the progress made in 
converting the people to Christianity is extremely slow. 
The London Missionary Society alone has twelve establish- 
ments in South Africa, conducted by sixteen missionaries. 
They are under the superintendance of a pious, learned 
and respectable divine, who is constant and active in the 
cause and duties of religion, and whose zeal, perseverance 
and abilities, together with the active interest he displays 
in all which regards the instruction of the heathen, may, it 
is to be hoped and expected, eventually produce corre- 
sponding effects. 

The Westleyan Methodists have six missionaries. The 
Moravians have three ; one at Genadendal, one at Witte 
Rivier, and the third at Groene Kloof. In addition to these 
clergy of different sects, it was agreed between government 
in England and the settlers, that the head of a party con- 
sisting of 1 00 families should be entitled to take out a mi- . 
nister of his own creed, whom the colonial government 
were to remunerate ; which is done in respect of one cler- 
gyman of the Established church and of one Methodist* . 

The main efforts of the missionaries lie in the endeavour 



KELIGIO]^. 67 

to instruct and cWilize the Hottenlots, who appear to be 
already under considerable religious discipline and instruo* 
tion. The Hottentot is quick in capacity, and the progress 
of his intellect rapid ; but there is an unconquerable ficklei* 
ness of disposition throughout that horde> incompatible 
with the steady efforts necessary for such attainments. A 
Hottentot, brought from his kraal, clothed, instructed, weU- 
treated and fed^ has been known, after a year or more of 
service, on the departure of a waggon to the frontier, tp 
Jay aside his clothes, throw a sheep skin over his back, 
and lead the fore oxen of the team, as is the usual service 
of a Hotteiitot boy. 

This enthusiastic attachment to a roving life presents aa 
almost insuperable bar to their domestic service and em* 
ployment. 

The mi^ionaries have, at these different places, in part 
succeeded in teaching many of the men to be mechanics, 
and the girU to e^cel in needle-work,i and have encour^ed 
a few others to be good and faithful servants. The Mora- 
vians, by the union of usefulness with religion^ and making 
industry and devotion twin sisters, have a firmer hold than 
any other sect. 

The Hottentots at these Moravian missions attend divine 
service regularly, and the melody of their psalm singing 
makes a strong, devotional impression on the congregation. 
The cleanly and artle;9s dress and manners of the wivea of 
the missionaries, and the orderly, devout, yet cheerful man- 
ners pf the missionaries themselves, entitle them tath^ 
favour and respect of all. It would however be xamX'hi^ 
neficial to the colony, if it be found practicable, to instruct 
the Hottentot, without altering his constitution. 

The Hottentots, both men and women, are shepherds, 
ox-herds, leaders of waggons ; and the men drivers of them : 
and these duties are so absolutely required in the colony, 
that the greatest distress to the community would follow, 
were this class entirely domesticated. There is no part of 
the population so necessary to be encouraged and kept 
up, as the Hottentot, and none whom government should 
guard with more constant protection. The pasturage ne- 
cessary to support the animals required for the food of 
Cape Town, and of the shipping, is so distant, and the 
flocks of sheep are so dispersed and so numerous, which 
must be driven four or five hundred miles over almost 

F 2 



64 HELlGffOK. 

the soldiers attend by regiments, and their martial tnu8i<; 
adds to the solemnity of the service. 

Lately an English chapel has been established at Wyn- 
berg, formerly a military cantonment, which together with 
Rondebosch and other places in the neighbourhood of 
Newlands, the residence of the governor, is now the sum- 
mer resort of the fashionables of the Cape. The clergy- 
man who officiates was sent out by the Church Missionary 
Society to convert the heathen ; and it must be acknowledged* 
with reluctance, that, being a conscientious man, and bound 
by his engagements to direct his efforts where there was 
most need, he has commenced his duties by a preference 
not very complimentary to this polite part of the colony. 

In every drostdy there is a Dutch Calvinist church, paid 
by the colonial government. The endowment is insuffi- 
cient, being two thousand rix-doUars, Cape currency, per 
annum, with a house and garden ; but the high pre-emi- 
nence, which the Cape-Dutch clergy hold over the laity, 
may be accounted by them as part compensation for the 
duty. The Cape^ however, cannot be accused of having 9 
slender establishment of preachers, or of being without a 
sufficiency of predicants to instruct the heathen, if capable 
and willing to be enlightened : besides these, there is th^ 
whole array of missionaries of the different sects, not paid 
by the colony. 

PREDICANTS. 

At Stellenbosch 1 2000 rix-dollars per annum: with ahous«, 



i 


I 


gard 


en and land 


Paarl . . . 


2000 . 




Ditto 


Swartland • • 


2000 . 




Ditto 


Caledon . . 


2000 . 




Ditto 


George . . 


2000 . 




Ditto 


Swellendam . 


2000 . 




Ditto 


Tulbagh . . 


2000 . 




Ditto 


Beaufort . . 


2000 . 




Ditto 


Graaf Reynet 


2000 . 




Ditto 


Uitenhage 


2000 . 




Dit^o 


Somerset . . 


2000 . 




Ditto 


Clan William 


2000 . 




Ditto 




MISSIONARIES. 


Caffraria . . 


1000 . 


. • 


Ditto 


Chinnie . . 


1000 . 


, , 


Ditto 



REtlGlOKi 63 

CHAPLAINS. 

At C^pe Town . 700/. sterling. 

Simon's Town 350/., besides surplice fees. 
There is a church at Simon's Town, with a colonial chap-« 

lain 5 so that those of the English who are disposed to at* 

tend divine worship have the means within their reach every 

Sunday* 

Within these few months, the Roman Catholic religion 

has been more than tolerated, and subscriptions have been 

collected from inhabitants of all persuasions for building a 

Catholic chapel. * 

It was in the contemplation of the colonial government 
to make an annual allowance to the Catholic priest : a Pro- 
testant government probably might not oppose any means 
of making the priest dependant ; for he who pays, usually 
directs. The intention, however, was for some reason aban- 
doned. In the British regiments, stationed at the Cape^ 
Catholics abound. Government permits a soldier to at-* 
tend on a Sunday at the church of his faith, but such per- 
mission is a mockery, unless encouragement be given to the 
establishment of the church and the priest. 

There are many Catholics at the Cape in very respectable 
situations of life, who have not had the means till now of 
partaking of their own religious ceremonies, as, since the 
occupation by the English, no priest had been known to 
reside at the Cape. If this circumstance drose from a 
spirit of intolerance in the English government, it is ex- 
tremely reprehensible ; but if from want of zeal in the Ca- 

* ROMAN CATHOLtC PtACBi OF WORSHIP. 

In my endeavours to build a Roman Catholic place of worship, on a 
space of ground which the burgher senate has allotted for that purpose ^ 
I appeal for assistance and co-operation to the generosity of the Roman 
Catholics of this colony* I am well convinced, the selfish consideration 
of the impossibility of their sharing in the blessings emanating from a 
proximity to the visible seat of their religion, will not operate with the 
Catholics, residing in the interior or distant confines of the colony, in 
weakening the influence, or repressing the spirit, df their liberality and 
munificence. 

To the beneficence of Christians of other denominations, I may ex- 
hibit the powerful claim arising from a fellowship in the worship of the 
same Divine Object of our gratitude and our hopes, which the enlight- 
ened and liberal views of modern times have^ I trust, so happily taught 
us all to appreciate* 

P. SCULLY. 



70 ENREOISTERMENT OF SLXVES. 

The above extract gives a most satisfactory reply to the 
assertions of the opponents of the abolition, that the slave 
population could not be kept up without very great occa- 
sional importation ; as if the Almighty, when he sent forth 
the other creatures, male and female, upon their earthly pil- 
grimage, and bade them increase, multiply, and replenish 
the earth, withheld this high behest from the Negro alone, 
placed him out of the general law of nature, and incapa- 
citated him for those results which bear upon, all things 
breathing. 

There are few living creatures even with a less proportion 
of females to males than appears in the Cape slave popula- 
tion, which will not increase in number, under fair treatment, 
ii^ a climate not less salubrious than the one from which 
they may have been exported. 

The enregisterment of slaves, much to the credit of the 
government, was in force at the Cape previous to the pass- 
mg an act of parliament for that purpose ; but it required 
prolonged periods to bring in the returns of an unwilling 
class of slave-owners, whose conscience became alarmed, 
and whose interests appeared to be invaded , by any step 
which led to inquiry and investigation. A proclamation 
declaring all slaves to be free not enregistered on or before 
a prescribed date, and those children also to be free, who, 
being born subsequent to the same date, shall not be regis- 
tered within six months after birth, brought the business of 
registry to a close. The slave population extract of 1820 
shows the births, deaths, and manumissions of that year, 
and the strides which domestic slavery actually makes. 
From that statement may be calculated what the increased 
number will be at the Cape of Good Hope in the course of 
a few years, unless the wisdom of parliament provide the 
means of putting an end to slavery at some limited period. 

That the emancipation mustjbe gradual, every man feels ; 
but every man feels, also, that the non-import should be a 
step towards the abolition of slavery. 

It does not appear, that any feasible plan of total aboli- 
tion has suggested itself to the mind of that excellent and 
enlightened public character, to whose unwearied Christian 
efforts this abominable traffic at last yielded in Great 
Britain, 

It is lamentable to learn the disinclination of foreign 
powers to umte ia the overthrow of the slave-trade, and to 



ENHEGISTERMENT OF SLAVES. 71 

be made acquainted with the dreadful extent to which it is 
continued at the present day. Let not Great Britain grow 
feint in this path of true glory. Her perseverance in resist- 
ing the slavery of the world, when endangered by the am- 
bition of France, led to those united efforts which finally 
overthrew the mighty enemy of true liberty. We may 
hope, therefore, that her continued and bright example will 
make her the leading star, guiding the nations of the world, 
to abandon for ever a commerce productive of so much 
guilt to the one party, and of so much wretchedness to the 
other. 

From the slave population return of 18^0, it will be seen, 
that the excess of births over manumission and deaths, 
amount to 488, on a colonial population of 34,329. Those 
causes which, in the view of Professor Malthus, retard the 
progress of general population, are without operation in 
the slave population of the Cape, Here the moral, the 
preventive, and the positive checks are without force. The 
value of a slave is so great, that, whilst nature and climate 
urge on, morals, habits and religion offer no impediments, 
and cupidity produces food in abundance, however dear, 
for the increase of so valuable a property. In the neigh- 
bourhood of every house may be seen a swarm of infant 
and juvenile slaves, careless of the future, basking and 
playing at one season in the sun, and at another reposing in 
the shade, with every symptom of health and happiness. 

This population, with all its encouragements, will, in 
human probability, double itself in about twenty-five years ; 
and in the year 1846, the colony may look to the number of 
uearly 70,dbo as its slave population. 

The Morning Chronicle of June 29th, 1821, reports a 
sjJeech of Mr. William Smith, a member of the House of 
Commons, of great abilities, and remarkable acuteness of 
intellect, and an original and active abolutionist, in which 
that gentleman observes, that * It was of extreme importance 
to resort to every means to prevent the extension of slavery 
in the Cape of Good Hope.' 

If Mr. Smith could have suggested such practical means 
as could reasonably have been adopted in preventing the 
extension of slavery other than emancipation, in a colony 
where 488 new slaves, beyond deaths and manumission, an- 
nually grow, it would have been well; but in complete op- 
position to Mr. W. Smith's admonitory observation, it must 



72 ENREGISTERMENT OF SLAVES. 

be noticed that, previously, in July, 1819, the act of the 
59th of Geo. III. cap. 120, gave, what appeared effectual 
encouragement to the extension of slavery in the Cape of 
Good Hope. That act, in section 1 1, provides for the ex- 
port, from one British colony to another, of any indefinite 
nuniber of slaves ; so that the whol^ or any part of the slave 
population of Mauritius might be sent to extend slavery a^ 
the Cape ; s^nd the number would be without limit, as the 
united efforts of the navy and of the government of Mau- 
ri tius^, thqt is, interest and power, acting in cpncert, have 
been, and are still, unable to prevent the smuggling of slaves 
from Madagascar. The price of a slave here quadruples 
that at Mauritius ; could any man doubt the extension of 
slavery at the Cape, thus protected by an act of parliament i 
Fortunately, however, a proclamation of the Dutch go- 
vernor, Jansens, still in force, prohibits the landing of slaves. 
Thus a law, proclaimed in the time of the Dutch, upon 
which the British colonial government has since acted, 
guards the C^pe from those consequences which the legis- 
lature most incautiously allowed ; and the colony is pro- 
tected from the entry of new slaves, by a law of its own, 
and not by the British parliament. 

It may not be unnecessary to add, that the French go- 
vernment, having possession of the Isle of Bourbon, have 
iiow sent out a naval and military force, to repossess them- 
selves of the island of St. Mary in Madagascar with the 
consent of the king of that island ; greater apprehension 
must be entertained of an increase of slaves spiuggled into 
the neighbouring islands and colonies, so long as the slave- 
trade is permitted to exist by the French government. 

In the same Report, Sir Robert Wilson thinks it deserv- 
ing the consideration of government whether it would not 
be " worth while" to purchase the " few remaining slaves" in 
the colony. These few remaining slaves, amounting, as 
(las been seen, to 34,329, at the low average of fifteen hun- 
dred rix-doUars each, not half the price of a valuable man 
slave, will amount to the sum of four millions, onehundred,^ 
nineteen thousand, four hundred and twenty pounds ster- 
ling (4,119,420/.). Sir Robert Wilson may therefore cout. 
vince his own mind, how impossible it will be for the Eng- 
lish government to comply with what he thinks " worth 
while," and to load the people with such an additional burn 
then, even in so righteous a cause. 



£NK£GIST£RM£NT OF SLAVES. 73' 

. It is unnecessary to use any retro^ect as to the iooqdticl; 
of the Cap^Dutch previous to the surrender of 1806, and 
it is only an act of justice to say, that slaves now are generally 
well treated. The increased price of a human creature in 
such a degraded state has had the good effect of introducing 
additional care, and of increasing the comforts of their life ; 
and the ill treatment of a slave is now an exception to the 
general rule. 

Slaves at the Cape may be divided into three classes : 
the Negro, the Malay, and the Africander. The Negro^ 
who is the least valuable, was brought from Madagascar 
and Mosambique. These slaves are chiefly hewers and 
carriers of wood, and drawers of water, coolies, or public 
porters for hire, and also employed by the boers, and others, 
as the hardiest labourers of the field. The females are 
washing-women, and engaged in other employments requir- 
ing strength of limb and body. The Malay slaves are coach- 
men, tailors, painters, shoemakers, carpenters, and fisher- 
men. In fact, they are usually engaged in every thing 
where what is called cleverness is required. The females 
are house-servants. This class of slaves requires the un- 
remitted vigilance of the police ; for a. theft, or, indeed mis- 
chief of any kind, is rarely perpetrated without the participa- 
tion, if not by the contrivance, of a Malay. Many, Malays,, 
by the oeconomy of that money which they have these meana 
of procuring, manage so as to purchase their freedom, and 
the number of free Malays is v^ry considerable. The ma- 
jority of them keep small subterranean stores throughout 
the town, in which iniquity, in all its shapes, i$ liatched into 
action. 

The last and most valuable class of slaves is the African- 
born slavey— ^the |Nroduce of an European, or of a Cape 
Dutchman, and of a alave girl. So many years have passed 
away, since the Cape has been in the uninterrupted pos- 
8essk>n of the Dutch or English, that from black, this daas 
has graduated into brown or yellow, not much darker than 
a Southeo'n European, and many have progressed nearly to 
white. Of this race, both male and female, are the slaves 
preferred by the inhabitants. The men are active and 
subtle in mind> slender, and of good appearance in body. 
The females are rather under the middle size, with a bust 
inclined to fulness. They are well proportioned, and 
usually have teeth white as ivory> and eyes and b^ir black 



74 EKREGISTERMEKT OF SLAVES. 

as jet: they are smart, and fond of dress, in whickthey excel. 
Both sexes have much of the character of the Creole. 
These slaves are engaged in the domestic and most confi* ^ 
dential services of the house, and frequently in a store or 
warehouse where goods are sold. The women are the fa-* 
vourite slaves of the mistress, arranging and keeping every 
tiling in order, and are entrusted with sdl that is valuable^ — 
more like companions than slaves : but the mistress rai^ely, 
and the slave never, forget their relative situations ; and, 
however familiar in private, in the presence of another, due 
form prevails. 

These three classes of slaves hold themselves separate and 
distinct. The Africander slave girl would consider herself 
disgraced by a connection with the Negro, or the produc- 
tion of a black infant ; and the Malays are a sect holding 
both the others in contempt and horror. 

Marriages are not permitted between slaves, or between 
a slave and a free person ; nor is the practice of Christianity 
encouraged by the master, or any other of its command-* 
ments, except the 6th and 8th, taught to the slave, and per- 
haps those only, because they guard and protect the property 
and life of the master. 

The conduct of the slave is not restrained by either moral 
CMT religious ties, and both sexes follow the natural impulse 
of their passions With African ardour. It would be as ridi- 
culous as ineffectual to attempt to restrain slaves from that 
intercourse with each other, or with free people, which the 
better part of them consider to be binding, unless you pro* 
pose to them the solemnization of mamage, which would 
be most acceptable. An inclination to marriage cannot be 
more clearly ascertained than the universal custom of call- 
ing eaeh other man and vrouw, (in En^ish, husband and 
wife,) and of the jealousy exhibited by each party so cir- 
cumstanced, whenever any thing like preference is shown to 
another. The mischief and misery lay in the detestabk 
system; for where little is sown, much cannot be reaped. 

It must not, however, be concealed, that the fondness of 
die slave girls for Europeans is excessive ; nor can it be de* 
nied, that their powers of seduction are such as to make the 
4th ode of the 2d book of Horace, '* Ad Xanthiam Pho- 
eenm/' applicable to too many Englishmen. 

Observant of the superiority of English manners over 
those of the generality of natives, and of the generous treat- 



ENREGISTERMEITT OF SLAVES. -75 

ment which almost every Englishman practises towards a 
female, they court their notice, and not unwillingly yield to 
solicitation. But here again is the effect of the system. A 
whole class cannot be expected to be chaste ; and, as the 
marriage ceremony is denied, they follow in the path which 
to them appears the most like to it — the cohabitation witk 
one man whom they prefer. It is to be remembered, that 
here there is, on their part, no breach of a marriage vow, 
which they are not permitted to take ; no violation known 
to them of Christian principles and precepts ; for, to the 
shame of their masters, these they have not been encouraged 
to learn ; but it is a sexual preference for men who are af- 
fectionate and indulgent, over others whom tliey find to be 
comparatively harsh and unfeeling. The dislike of English- 
men to slavery ; their expressions of disgust at its continu- 
ance ; the frequency of buying freedom for their offspring 
by these girls, and often for the mother herself, together 
with the means they furnish for the purchase of fashionable 
dress, to which the slave girl is devoted, are circumstances 
which weigh upon the affections with irresistible force: 
but to state that their conduct arises from an innate dispo- 
sition to vice, and that they do not eagerly cling to the hopci, 
if possible, of being christened and married, is to be totally 
ignorant of their character. 

A mistress undoubtedly is desirous of seeing the slave 
girl, attendant upon her person, neat and well dressed, which 
is tiie conse(|uence of their connection with a free person. 
She is conscious, that the means are not furnished by her- 
self and perhaps is not discontented, considering it as the 
usual course of these connexions ; but no mistress in any 
decent rank of life ever dressed her female slave for prosti- 
tution, as has been lately stated, or would knowingly suffer 
a promiscuous intercourse to take place, even though the 
girl was sufficiently abandoned to permit it. Whenever 
these connexions cease between parties, there is no hesita- 
tion in the adoption of another man ; but it is dreadful to 
state this to be a copy of what is so constantly practised 
here by married persons, particularly men, under the law 
of separation. 

It IS much to be regretted, that so little appears to be alv 
tempted towards extending the Christian religion over the 
slave population of our colonies. All men agree in sayings 



76 . ENREGISTERMENT OF SLAVES. 

it would be beneficial both to the owner and the slave ; and 
having so said> they do no more. . 

It is reported, that a former governor was desirous of 
having a cargo of prize slaves baptized as they landed, great 
and small, old and young ; but, upon being asked by the 
clergyman, who disliked the proceeding, whether he would 
undertake the office of general godfather, that being a ne* 
cessary part of the ceremony, it was declined. 

The missionaries, of whom there are numerous and ex- 
cellent establishments here, appear to lean chiefly towards 
the instruction of the Hottentots. The Africander slave, 
however, abounds in quickness of comprehension, and, if 
permitted by the owner to receive instruction, would afford 
an ample harvest of improvement to the cultivator. Many 
of the Cape-Dutch proprietors have stubborn objections to 
the encouragement of Christianity ; but that is not universal ; 
and the slaves themselves, except the very lowest class, both 
male and female, are desirous to learn, and anxious to at- 
tend the church. The more regular conduct of the few who 
do so, and the abandonment of an old erroneous idea that 
a slave becoming Christian, becomes also free, will, it is to 
be hoped, tend to diminish the prejudice. 

When a slave is made free, the very first thiug done by 
the individual, unless predisposed to Mahometanism, (too 
frequently the case,) is to endeavour to learn as much as will 
give a title to be christened ; possibly not at first from reli- 
^ous motives, but as being a higher cast in society. The 
bearing the name of a Christian, however, leads, in many 
respects, to act as Christians do : to contract marriage ; to 
have their children baptized; and, to attend at chjurch; 
Habits of regularity arise, the mind is brought into a state 
to receive religious instructions, and though it is not to be 
supposed that an untaught slave can become a Christian 
by merely going into a church, yet it is a certain truth, that 
no one loug continues to be a Christian, more than in name, 
who habitually absents himself from public devotion, and 
the ordinances of the church. 

The marriages of enfranchised slave girls frequently take 
place. The 60th regiment, partly Germans, talking the 
Cape-Dutch language, were lately disembodied ; and the 
tradesmen and artificers felt inclined to settle at the Cape : 
they required a small house or apartments, a little furnir 



tNREGISTERMENT OF SLAVES. Hit 

ture, and a few comforts, all of which the girls possessed i 
the girls wanted husbands^ in order to become honest 
women ; and both parties were accommodated^ with con- 
siderable improvement to their conduct and morals. 
• There are a few free schools where slaves are taught to 
read and write on the plan of Dr. Bell ; but the number who 
attend are said not to exceed three or four hundred. Some 
pious individuals, male and female, give Christian instruc- 
tion to slaves, both children and adults, and it is to be 
hoped that the practice may increase. It is mere justice 
to departed worth, to mention the name of widow Smithy 
who was for many years zealously engaged in instructing 
the slaves in the Christian religion. She has lately been 
removed to a better world, there to enjoy that happiness 
for which she was so fully prepared, by a Idng continued 
course of fervent piety and unwearied benevolence. 

Of all the colonies belonging to England, there is not one? 
where (what may be called) an experiment of emancipation 
could be so safely made as at the Cape of Good Hope. 
' There are no indigo, coffee, cotton, or sugar plantations 
to be made desolate by labour suddenly withdrawn. It 
would be a comfort to humanity, to view the extinction of 
slavery, even at a distance. Those who have leisure and 
talents for the subject may consider the degree of danger 
which could arise from declaring all female slave-children 
born after January, 1824, to be free at eighteen, with the 
power in the owner to dispose of the term by sale, as he 
now does of the slave for life ; that on the children's attain- 
ment of five years of age, one hundred rix-dollars should be 
paid by government to the owner, as a remuneration for the 
past support; the future service till eighteen, an age when 
they will be able to take care of themselves, being considered 
as sufficient for the remainder. To accomplish this, slavery 
may for once become the means of freedom, as an annual 
tax of two rix-dollars on male slaves, and one rix-doUar on 
women and children, would form an adequate fund for the 
purpose. 

The number of female slave children born in I8£0 amounts 
to 504 ; and so small a number of female infants, greatly to 
be reduced by deaths declared at their birth to be free at IB 
years of age, could not be felt. Tedious and prolonged as the 
process would be, such is the revolution of time, that in a 
distant period all women would be free; and as free mothers 



78 £NR£GIST£RH£NT OF SLAV£S. 

bring forth free children, slavery would expire in a gradual^ 
imperceptible manner, without violence or pecuniary dis- 
tress to individuals. It must not» however, be disguised 
that the mere making these girls free will not be sufficieu); 
without affording also the means of religious instruction. 
Without that it may be feared^ they would fall into habits 
more loose from the circumstance of being unrestrained, as 
well as uninstructed. There must be religious principles ^ 
but surely the establishment of public schools by govern* 
ment enforcing daily attendance for a certain number of 
hours, would not be difficult. 

It is desirable, that those who have leisure and inclina- 
tion, should trace out and enlarge on this or on some better 
plan, in its consequences so important to humanity. To 
what is here offered, there may be doubtless many objec- 
tions. One prominent one is the apparent injustice of ex- 
cluding the males at eighteen years from emancipation 
during the first period, and bestowing it only on females ; 
but the intention is, that these girls should be the (stirps) 
root of emancipation, and from them is to spring the free- 
dom of the slave posterity. 

The entire system is such a mountain of injustice and 
misery, that it may be necessary to submit to the tempo- 
rary addition of one particle more, in order that good may 
follow (objectionable as is the principle) in such a case as 
the final abolition of slavery. 

The public or private sale of slaves of good character 
rarely takes place, except by the distress or insolvency of 
the owners, and by the orphan chamber, or other executors, 
on a distribution of the property of a deceased person ; and 
when it does in a family where kindness has prevailed, 
the scene of woe is dreadful. - 

Whenever it becomes necessary for an individual to sell 
^ slave, permission is never refused to the slave to select 
the purchaser, which is usually done without difficulty ; and, 
on a sale occasioned by death, the children or relatives 
either share or buy the slaves of the family ; so that in fact 
there is less distressful alteration in this species of property 
(for so it must be called) than could be expected. 

The annual manumission of slaves chiefly consists of 
girls who have borne children to free men^ and specially to 
Uieir owners, in which latter case the statutes of India de- 
clare them to be free ; and of family slavea emiancipated by- 



GOVERNMENT SLAVE LODGE. 79 

the will or at the point of death of the owner. Charity is 
said to cover a multitude of sins^ and it is much to be wished 
that the Cape-Dutch would, in contemplation of deaths 
consider the emancipation of slaves as the highest species 
of charity, and take the expression of " covering a multitude 
pf sins" in the literal sense of the word«?. This singly be- 
nefit must be allowed to arise from slave population, that 
every one is compelled by law to take care of an aged or 
infirm slave ; and the young and healthy are too fully em- 
ployed, and too carefully watched by their owners or em- 
ployers, to have the opportunity of following the disgraceful 
example of Europeto mendicity. 

In this department there is an inspector, an assistant in- 
spector, and clerks, all of whom are appointed and removable 
by the colonial government. 



SECTION VI. 

Government Slave Lodge. 

This establishment for the slaves of government is withii^ 
the walls of the menagerie in the public gardens. The^ 
buildings are airy, and well adapted for the pnrpose. The 
number of slaves amounts to. about ^00 of different ages. 
To the adults the allowance is one pound of meat^ one^ 
pound of bread, and half a pound of rice per day ; a suffi- 
ciency of clothing twice in the year, and one Cape rix-dolla|: 
per month (I5. 6rf.) for tobacco money. Half of the same 
allowance, without the rix-dollar per month, to children. 
They leave the lodge in summer at five in the morning, and 
return finally from work to their quarters at six in the even- 
ing ; being allowed one hour at breakfast, and two for their 
dinner in the lodge. There is a school for the children, 
where they are instructed in reading, writing, &c. and they 
make fair proficiency, according to their age. Of late years 
there has not been much increase or decrease in the number 
of slaves, who are all considered to be in the employ of 
government. 

Every thing appears to be conducted in the manner best 
suited for comfort and conveniency, and for the improve- 
ment of the children. 

After the abhorrence which Parliament has so frequently 



80 GOVERNMENT SLAVE LODGE. 

expressed of the continuation of slavery in all its formsi it 
may be regretted that an institution of the kind is permitted 
to exist at the Cape, under the protection of its government, 
and that it should be continued on its present footing. 

The advantage of labour to government is trifling, and 
the work done is no adequate compensation to the colony 
for the food and expense. A few labourers paid for the 
purpose would do more in a day, than the idle though or- 
derly habits of these men and women incline them to do 
in a week. It would be unfeeling to the slaves now exist- 
ing in the lodge to do away the establishment, and altering 
their nature to turn them upon the world to earn a subsis- 
tence by industry ; but every child under the age of four- 
teen, and all hereafter . born^ should be instantly emanci-' 
pated. 

There can be no apprehension of any want of care for 
the present or future children, as the parents would remain 
in the lodge during their own lives* 

In this manner slavery at the government lodge would 
gradually expire, and there would arise a number of free^ 
active and useful servants to be hired by the government or 
the public, in the place of a dispirited and comparatively 
unwilling slave lodge population. Government would also 
show a bright example, the effect of which might greatly 
serve to prove to unbelievers the superiority of free labour 
over all that can be done by the tame efforts of slavery. 

There is a director of the lodge, and a surgeon, both of 
whom are paid and removable by the colonial government* - 



( 81 ) 



CHAPTER V. 

OFFICE OF INLAND CUSTOMS— INSPECTOR OF GOVERN- 
MENT LANDS AND WOODS — RECEIVERrGENERAL — 
COLONIAL PAY-MASTER — STAMP-OFHCE — POSTOF- 
FICEr-OFFICE OF LAND REVENUE— SIMON'S-TOWN. ' 

SECTION I. 

Office of Inland Customs. 

Xhe collector of inland customs has constant duty to per- 
f(»Tn. He receives daily what was called tithes, on wine; 
com, and other articles brought into the Cape market. In 
fact, these duties were in the nature of tithes, being origi- 
nally a dixme, or one-tenth^ of the value of the article ; but 
the increase in the price of every thing of late years has 
brought the tithe to a modus^ and a load of wheat, at this 
date worth three hundred and seventy rix«dollars, pays only 
three rix-doUars, six schellings ; and a legger of wine, worth 
fifty rix-dollars, pays three rix«dollars also. The modus, 
however, may be called fixed, as wine a few years since at 
the prke of one hundred and eighty rix-dollars per legger, 
paid no more, and wheat, then at ninety rix-doUarsper load 
of ten muids, paid no less. It would be more satisfeictory, 
and surely more equitable, that the duty should vary with 
the value of the article. 

The government tax, called the heere regt^ (Anglic^, the 
lord's right,) is payable at this office by the purchaser. o€ 
any real property, and a certificate that it has been paid, 
must be produced at the colonial office, before the ^ansfier 
or title can be passed, by the commissioners of the court of 
justice, and by the colonial secretary. 

The tax of 4 per cent, on quit-rent tenures is a heavy 
charge where property so frequently changes hands from a 
variety of causes as it here does ; and inevitably, at the«deatfa 
of almost every Cape-Dutch inhabitant;, burgher, or boer, 
owing to the law of a divided inheritaiioe, which brings. on. 
a sale* ^ i 



82 TNSPKCTOR OF GOVERNMENT LANDS. 

Within the course of the last five years, several houses in 
Cape Town have paid this tax four or five times ; so that, 
in a no large circle of events, the whole value of the colonial 
landed property is realized ^fto- tq ^vernment. The loan 
or leasehold tenure pays SJ per cent, on alienation : but all 
will soon merge into annual perpetual quit-rent, paying 4 
per cent, on every change of owner. 

There are a coJlector, three clerk9 2^d assistants i all of 
whom are paid by the colonial government, and reinovable 
at pleasure. * 

SECTION n. 

Inspector qf Government La/ids and Woods. 

Thx inspe(^ior of governmeiit lands and woodd is ctUed 
upon to acquire aocwrate informfttion of the quality and ea^ 
ptbility of the lands asnd woods in each droaitdy, when they 
become objects of the grants of government to individuals* 
He is to examine into the propriety of the grants themselves^ 
recomosended by the landdrost, whether there are any and 
whit objections from individual neighbours, or upon public 
grounds. He decides on the fairness of tbe quitHnent pro^ 
posed, so as not to press too heavily on the individual, nor 
too lightly for the public revenue^ and to see also that it be 
im proportaon to the payments of others. 

The tosf>eoti»r becomes the fair arbiter between private 
and public claims, and is an important officer where there 
is an increasing populalion^ aad a considerable proportion 
of the colonial domain still open to grants. The destinies 
of some thousand settlers and boers hang, in a great degree,^ 
i»pon the report of tbe inspector of woo^ and lands. It is 
aot in his province, however, to make grants of iadustry* of 
sobriety, and of agricitltiiral skill, (h* to check the ravages of 
bligkt and drought; so that much remains to be done by 
tlie owner aad by nature, when tbe grant of land is eom*^ 
pleted. 

It wM be acknowledged, that tbe inspector of lands has 
an unthaakf ul task to perform. It is his frequent duty to 
set aside the reeonieaendaifcions of tbe tanddrost aiid heea»- 
r^iea o£ the dn^tdj^, potoibly made dtf-ough favour to an 
individind, Otr diraiigli ignorant of relative iurcumstanoes. 
He has to satisfy the grantee, that the perpetual quit^rent 



THK B£C1/1VHK«-G^EN£KAL. $3 

is not too high, and the government (the grantor) by his re- 
port, that it is not too low. 

This public officer passes his life amongst conflicting in- 
terests, and the disappointed boers on all sides charge every 
inspector as a blockhead, (though fortunately he does not 
hear them,) and with *^ knowing nothing about the matter ;" 
indeed, how should he, " poor ignorant man> for he comet 
from England, and it is quite different from the Cape." 

This officer, of such constant labour both of head and 
pei^ is appointed and paid by the colonial government. 
He is allowed one clerk, and both are removable at plea- 
sure. 

The office of translator to government is held by the ia- 
^pector with a view of creating for him a better salary by 
the union of the two offices. This custom has been cen- 
sured in former pages. Why should not the labourer be 
paid his fair hire ? The. public complains not of those who 
work and receive pay, but of those who receive pay, and do 
no work. 

SECTION III. 

The Receiver^GeneraL 

The receipts of every department of government, whe- 
ther of customs, taxes, or revenue, are paid monthly to the 
receiver-general, after having been previously compared wiUi 
the vouchers and documents by tie auditor-general of the 
colony, and duly passed and approved by him. 

From this office no money can be issued, nor any pay- 
ment made, but under the authority and responsibility 6f 
the government by warrant. 

The receiver-general exchanges with the public the de- 
faced or worn out paper rix-dollars ; and on his representa- 
tion, a quantity of rix-dollars, equal in amount, (vide Pro- 
clamation, Appendix, D.) are issued, representing those 
which are defaced, and which are sentenced to be burnt in 
thepresence of certain public officers. 

The receiver-general is a colonial appointment, paid by 
government ; and with his two clerks removable at pleasure. 



g2 



84 COLONIAL PAY-MASTER. 

SECTION IV, 

The Colonial Pay-Master. 

Th£ duty of the colonial pay-master is not to be classed 
amongst the most laborious. His toil appears to be, to 
make himself acquainted with the average rate of exchange, 
and to calculate ' the amount of rix-dollar^ payable each 
quarter day to those servants of the public who are paid 
in sterling. He also distributes the pay of the Cape corps, 
which he remits to their station on the Kaffer frontier. 
These sums he gets by warrant from the receiver-general, 
nor can he have any rix-dollars remaining in his hands, ex- 
cept the lagging salaries of those civilians who, for some 
reason, happen not to receive theni when due ; but this is 
considered as a circumstance very rarely occurring at the 

The colonial pay-master is allowed a clerk to assist him 
through his fatigue^ which brings to remembrance the old 
story: "What are you doing, John? — Nothing! — What 
is Harry doing ? — Helping me !" 

The office of colonial pay-master, though not the school 
of industry, may be held sacred, as having been a retirement 
for wit and genius. In this office, Mr. Thomas Sheridan, 
in spirit and fancy inferior only to his father, passed the two 
last years of his life. His social and intellectual qualities, 
notwithstanding the decline of health, gladdened the heart, 
and were the ornament and delight of a small circle of 
friends, in whose memory he will never cease to live. 

The colonial pay-master is a treasury appointment. 

SECTION V. 

Stamp-Office^ 

A REVENUE raised by means of a stamp is collected with 
such facility, that it is encouraged by all governments. It 
appears to be the simplest and the least oppressive of all 
taxes ; yet, in the last instance, it is the reverse. It grows 
with the growth, and strengthens with the strength of every 
state. The operation at the Cape commences before births 
accompanies a man through life, nor departs at death. It 



STAMP-OFFICE. 85 

is the old man of the sea, in the Arabian Nights' Entertain- 
ments, who, clinging to your back, can never be shaken off. 
Mark the progress of stamps at the Cape, how unwearied 
in their operation ! A stamp of 200 rix-doUars places a 
couple in a situation honestly to give birth to an infant ; and 
.no objection is made to the payment, being the means of 
attaining so much pleasure and happiness. When a child 
is born, the register on a stamp attests the circumstance ; 
and who can think about the expense of a stamp on such a 
joyful occasion ? Then, as life advances, a stamp is wanted 
for the receipt of yoar portion of the property you inherit 
If you vest your inheritance, another stamp is required. 
An inventory also is necessary, and so is another stamp. 
Your memorial for any appointment in the colony requires 
a stamp ; and the appointment requires another stamp. 
;Your petition for a grant of land must be on a stamp ; and 
it is granted on a stamp. You become sick, and the phy- 
sician recommends the warm baths at Caledon ; a stamp is 
required to allow you to go. There is good shooting for 
your amusement there ; but not without a stamp. A wife 
is repudiated on a stamp ; and a bond for her maintenance is 
given on a stamp. A last will and testament is made on a 
stamp ; the certificate of death is on a stamp ; and the transfer 
of a few feet of churchyard ground for burial is on a stamp : 
and thus before birth till after death, this simplest of all taxes 
adheres. 

The sum of money collected into the treasury by this tax 
is very considerable, and in the present state of the colony 
any abatement of taxes appears to be impracticable ; but it 
must be kept in memory, that the stamp act assisted in se- 
parating America from Great Britain. 

This productive and easy branch of revenue is managed 
by the comimissiouer of, stamps aud one clerk, who distri- 
butes also to the drostdys. 

The receipts of the stamp-office are paid into the colonial 
treasury by the commissioner, after deducting his own per 
centage. This is a blamable exception to a general colonial 
rule, that all profits should be paid into the treasury, and 
the disbursement discharged by a distinct warrant, upon 
the principle of ascertaining correctly the actual produce of 
a department, and the expense of its maintenance. 

The commissioner is appointed by the colonial govern* 
ment,as is. the clerk, both holduig their offices at pleasure* 



86 POST-OFFICE. 

SECTION VI. 

The growth of colonial population, and the location of 
the settlers on the eastern frontier, together with the neces^ 
sity of keeping up a constant correspondence with the 
military near KafFerland, has increased the receipts and 
duties of this oiSce. 

The act of the 55th of the late King, cap. 153. caHcd 
the Packet Act, but more properly termed by some, ** An 
Act for preventing the Correspondence of Parents and 
their Children, in the Cape and East Indies," gave a teiti* 
porary check to the correspondence of the Cafre, by tripling 
the price of postage, and lengthening the period of receir- 
ing a letter. The voyage firom England to the Cape may 
be estimated, in the common way, at an average of seven^ 
days; but, by the appointment of the packet, it grew to 
nearly four months. The reader may remember the tra- 
veller who> seeing a boy fast asleep on the turf and his 
horse quietly grazing, inquired who he was, and was told, 
he was the " express." 

The judicious repeal of the act placed letter- writing on 
its old footing, and the post-office produces a revenue to 
the colonial government without pressure on the parties. 
The rate of postage cannot be brought to realize any thing 
considerable, without checking correspondence and com- 
munication, just beginning to dawn in the Dutch popu- 
lation. 

The post goes weekly, with great regularity, to the 
different parts of the interior, and returns widi equal 
despatch. The one to Graham's Town (eastward), leaves 
the Cape on Saturday morning, and arrives on the eiglith 
day, a space of near 600 miles, unless prevented by the 
swelling of rivers, ot some other unusual imj^ediment. 
That to GraafF Reynet arrives in seven days, being a dis- 
tance of about 500 miles. Another post goes coastwise 
to the westward ; and there are also three weekly posts to 
Simon's Town, and one to Stellenbosch. 

Other mails branch off from these lines as required ; and 
government is active in giving every practicable facility (to 
colonial letter-writing. 

There is a postmaster, a chief clerk, and a proper csta- 



OFFICE Of LAND M5VENUE. 87 

bttshiiient ^ ietterHeaniers^ whose ^ttcipd attcndi^nce is 
constant, and frequently at very irregular hours* 

All are paid and removable by the colonial government. 

During the tyranny of the post-Kiffice packet act, the 
postmaster received English pay; and the repeal, which 
relieved the foreign world, presses hard on this single 
iadividkiiil. 

SECTION VIL 

Office of Land Revenue. 

• Tub chief duty t)f thir department consists in collecting 
all revenues artsing from limds^ whether from leases <if 
government farms and sak*pans, or lands cccupi^ in free- 
hold, OS ioMi or perpetual quit-rent, and on quttHrent £er 
fifteen years. Tt^ ^ms in each district are separately 
entered and alphabeticldly arranged ; and in the event a( 
'Sale or dispoii^ of a farm, the name of the aew holder is 
immediately entered in the books. 

Thin office is an important branch of the revenue depart 
ment, and appears to be conducted with great attention «fich 
regularity. 

Tlie amount of revenue received is paid monthly into 
tke treasury, with a list of those who have discharged their 
rent, whicii list is also transmitted to the magistrates of the 
drostdy where the property lies, for their informatioti ; and 
9t the end of each year, lists of arrears of rent due by the 
different landholders are regularly forwardi^ U> govern- 
ment. 

The duties of this office are become more important, ^ 
the general measare of granting lands on perpetual quit* 
rent, materially adding to the government land revenae, 
already of considerable importance, and increasing in i»t>- 
portion to the additional grants ; but thre various govern- 
ment payments, collected at the Cape market, on all pro- 
duce from the country, weigh so heavy oa the boer, that 
the annual quit^rent, however light it may appear, is felt so 
oppressive as almost to overwhelm die payer. 

There is in this office a receiver-general^ an tissistatit 
receiver, a derk, wad a messetiger, whose name, by an 
extraordinary concord, or as Dr. Sqaare, in Tom Jones, 
would say, ** by the eternal fitness of things," happens to 
be Samuel Fagg, 



88 Simon's town. 

They are appokHed and removaUe by the oeloaMd 
govemmeiit. 

SECTION VII. 

Simon's Tcnvn. 

This town and bay* the station of the admiral wsid mfy, 
and in time of war animated by the gay and ardent spirit of 
na^al officers^ is now the abode of dulness. The road 
from the Cape to Simon's Town is interesting, lying 
through RondebOsch, Wynberg, and over a heath fast im- 
proving in cultivation, to Muiacenburgh. From that place 
to the bay> it skirts the foot of lofty mountains, overhang- 
ing the traveller on his right hand, whilst the ocean rolls 
majestically, through the bay^ on his left. The soene is so 
picturesque and beautiful, that it cannot be past for the 
first time without feelings of delight. 

Simon's Town has one long street, with irregular hous««, 
white, with green windows and doors, as is usual with most 
of the Cape houses, and it has a neat appearance. A 
church, barracks, naval hospital, houses for the officers of 
the naval department, a mansion for the commissioner, 
commanding a beautiiful view over False Bay, a building 
for the resident police magistrate, and a house for the com- 
mandant, are, together with a custom house, the puUic 
buildings of Simon's Town; but houses unoccupied, or 
inhabited only in part, as the naval houses are, contribute to 
the solitary appearance of the place. 

The commandant is now resident also, and unite» the 
power of the civil and military. 

Simon's Bay being in the Cape district, the jurisdiction 
,of the fiscal extends over it, and is exercised on any occnr- 
rence of magnitude. 

The conunandant, the clergyman, a few officers belong- 
ing to the navy, and the troops stationed in the barracks, 
the collector of customs, the harbourrmaster, and three or 
four gentlemen of the naval department, form, with one or 
two inhabitants, the whole society of Simon's Town. There 
is not even a parish doctor nor a lawyer, as in an English 
.village : the one of whom by attacking the constitution, and 
,the other the pocket, cause some variety in the scene. 
V From April to October, during the north-west monsoon, 
Simon's Bay becomes the resort of ships going to, or 



retarnitig {torn Ae emtwnrd; but merafy putting io to 
refresh. On these occasions^ Simon's Town is more fre^ 
quented, e^cially when the ships of the East India Com* 
pany are in port. Passengers land^ and hast^i to the 
amusements of Cape Town, as fast as possible ; wbikt the 
Cape inhabittt^ are goii^ down to the Bay to purchase 
goods, or to endeavour to smuggle them, and to get pas- 
sages to En^nd or India. 

The inns are execrabk, and widiout decent and proper 
accommodation for visitors ;- and every thing which is food 
for man or horse> is extremely expensive^ and difficult to 
be got at tmy price. To call it extortion would be incor- 
rect, because that which is purchased at a dear rate by one, 
cannot be supplied at a cheap rate to another ; and every 
thing is. brought by land-carriage, from distant districts, or 
from Cape Town, *^ water excepted." 

The country in and about Simon's Bay, is sand or 
mountain, denying th^ pleasures of riding or walking, with- 
out equal inconvenieney. The single resource is, parading 
the street at the edge of the bay, where the eight or ten 
people, before mentioned, daily lounge, to observe whether 
the Roman Rock and Noah's Ark rest on the same spot in 
the bay on which they rested the day before, till the happy 
hour arrives, when, in the comforts of a dinner, ihey can 
take refuge from the ennui of the eternal '* How do you 
do ?" repeated over and over again, to the same persons, 
during the morning. There is one occasional resource to 
be noticed. It usually happens, as in all small societies, 
that mnongst the eight or ten, there are two or three at 
variance, on account of some " hearsay" or other ; and the 
vke versa relations of each party, to interest the odiers in 
their favour, create a little interesting lively venom amongst 
the whole, as long as the maUer lasts ; which can be only 
for a short time, until mutual explanation, or oblivion, has 
brought ail again into harmony. The only thing which can 
much gratify a stranger, who visits Simon's Town, except 
•the leaving it, is a ride, by the mountains> to the real Cape 
Point. 

From Table Bay to Simon's Bay, the voyage is usually 
called forty^ight hours ; yet such may be die difficulty of 
weathering this point of land, that vessels have been more 
. than a month on their passage. 

The naval establishment was formerly fixed at Cape 



90 Simon's tovk« 

Tomtk, «ttd a party of w<>rk]iien wicm then Mnt in the irin* 
ter seMOti over to Simon's Bay. TkecoinmiMianer of tkst 
dfty, a gallant officer, and an able and indefatigable aervmnt 
of the King, who feared nothing, except that a mere 
zephyr fircfm the north might drive bis majesty's ships on 
shore in Table Bay, prevailed on the admiralty to remove 
the whole establishment to Simon's Town, where a very 
heavy expense was immediately incurred by purehasing 
and building houses and stores for the departmcsnt, every 
thing at the Cape being abandoned. 

Ine naval yard is upon a considerable scale, and adapted 
to refit men of war of any rate, but there are no wet or 
dry docks. In the year 1 800, Sir Roger Curtis ordered 
the Jupiter, of 50 guns, to be hove down in Simon's Bay, 
which was done with such success, that since that time 
there has been no apprehension on the subject. 

The Raisonable, of 64 guns, the Revolutioaaire, af»d the 
ktfgest Indiamen, with many others, have been hove down 
since, without risk of the slightest accident^ and as safely, 
though probably not quite so expeditiously, as in a dock. 

All the officers and artificers of the naval establishment 
are expected to reside at Simon's Town. The commis- 
sioner himself, after directing the removal, escaped the 
iite that Phalaris imposed on Perillus, that of b^ng shot 
«p in his own bull, only by sudden promotion to a dodfi- 
y«rd in England, leaving to his successor the inheritance 
of a wearisome, monotonous residence at Simon's TowUi 

This bay, though it is hardly justice to call 'it so, being 
tnore of a harbour than bays usually are, lies at the bottoih 
of False Bay, and is safe and secure at all seasons. 

There are three well-known rocks in the bay: the Whittle 
or Trident Rock, so called from the Trident striking on it, 
(for misfortune gives a name,) lies nearly in the middle of 
dK Great False Bay, and answers to the bearings as laid 
^wn in all the new charts, and has a beacon on it. The 
Roman Rock, and Noah's Ark, off Simon's Town, are 
atways above water, and between them is the usual pas- 
sage, in and out, when the wind is fair. 

There are two batteries coaraianding the anchorage ; but 
in order that a stranger may form a more correct idea of 
Simon's Bay, it may be compared to a bow, with a line 
extended from the north to the south battery. These bat- 
teries could throw shells, if not shot, across from battery 



SIMOl^'^ TOnVN. 91 

to battery. In the months of March and October, 1 807, 
Sir Robert Stopford and Admiral Stirling lay here with fifty- 
three sail of men of war and transports, all within the string 
of the bow, and, of coarse, land locked. Mr. Barrow is not 
considered as being well informed about Simon's Bay. 

The expense of victualling ships at Simon's Town may 
be computed at one-third nun-e than in Table Bay* Provi- 
sions of every description, whether for mere necessary gup- 
ply, or for indulgence, must be carried in waggons from 
Cape Town, and many articles by the labour of coolies ; 
both waggons and roads being of a roughness destructive 
of what is not solid. A legger of wine, which may now be 
put on board a vessel in Table Bay for 100 rix-dollars, 
wiH, by carriage and other eirpenses, be increased to near 
150 rix-HloUars in Simon's Towii ; and every thing of bulk 
in proportion. This operates as a great disadvantage in 
the contracts for the supplies to the navy, making a heavy 
addition to the victualling expenses of ships of war, comi- 
f^ared to the former contracts in C^pe Town. 

Few merchant ships go into Simon's Bay to trade ; and 
the tonnage, in the year 18^1, amounted only to fiftcfen 
^ousand ton. 

The revenue of customs is very inconsiderablci and not 
much more than sufficient to pay the expensed of the 
establishment. A custona-house, under the circumstances 
of a port, whence almost every thing landed must be sent 
for sale, by land-carriage, to Cape Town, holds out Kttle 
encouragement to importers ; and whenever a cargo has 
■been landed, from any unusual causes, of such magnitude 
as to make it necessary to freight a ship with it to Cape 
Town, this latter freight nearly equals the original one. 
<5avemment must regard the custom-house at Simon's 
"Town, as a post necessary to prevent smuggling, but not to 
produce revenue. 

The public functionaries are, a commandant, a jresklent 
mil officer, barbour-masteiv collector and comptroller of 
customs, and a chaplain, who, besides occasional duty, does 
church duty once on a Sunday. 

The communication, by telegraph, between Cape Town 
and Simon's Town is instant. The arrival and departure of 
^hips is immediately made known to each place, together 
with every occurrence nec^ssai^y to be communicated to 
government at the Cape, or from it, t6 the commandant at 
Simon's Town. 



( 92 ) 



CHAPTER VI. 

AGRICULTURE — VINEYARDS— FISHERIES — PRODUCE- 
COMMERCE— CUSTOMS— PORT-OFFieE AND WHARF- 
MASTER. 

SECTION I. 

Agriculture. 

A.N individual unacquainted with the actual resources of 
the colony, upon a view of its situation, would consider it to 
be a favoured spot for agriculture, internal trade, and foreign 
commerce. Placed in the temperate zone, enjoying a mioBt 
.delicious climate, it might be presumed that the earth poured 
forth her produce with an unsparing hand, and that the ac- 
tivity of man would distribute it so as to furnish an abundant 
supply through the whole colony. 

The Cape of Good Hope is in 34^ 9,^' of south latitude, 
and 18^ 23^ £^ east longitude. The Cape colony, compre- 
hending a space of about 120,000 square miles^ offers Cape 
Town as a midway station between Europe and the East 
Indies. One month's sail from the Bra^s and Buenos 
Ayres, less from Mauritius, Bourbon, Madaga^K^ar, Mo- 
sambique, and the eastern parts of Africa, it appears to be 
in possession of the choicest site for the trade of the eastern 
and western world. But there are circumstances and re- 
strictions, which, until remedied, seem to set at a distance, 
if not wholly to disappoint, such expectations. With re- 
gard to agriculture, it must be acknowledged that improve- 
ment has taken place of late years. The beneficial effects 
of English ploughs, acting with more force, and better 
effect, in the breaking up of hard land for wheat, are 
undeniable : yet the native com boer unwillingly acknow- 
ledges the preference, and reluctantly adopts any foreign 
plan. It must in fairness be allowed, that when the season 
has been kind, there appears at the time of harvest little or 
no difference in the English or Dutch crops. The Cape- 
Dutch boer more than equalizes the disadvantage of his ma- 
plements, by superior knowledge of the nature and pro- 



AORtCUXTUkfi. 93 

peities of the soil^ by a better experience of the variation of 
the climate and seasons, by an unabated industry, constant 
sobriety, and by attention never abstracted from the c<Ni* 
cems of his farm. His time and his mind are rarely giveA 
up to the pleasures of any socie^ but that of his family ; 
nor does he allow any thing to intrude, which may divert 
him from the improvement of his property. 

Great surprize is expressed in various publications at 
what is termed the negligence or idleness of the Cape boer, 
in not inclosing land. The quince tree of the Cape, and 
various other shrubs, are mentioned as being at hand, and 
well adapted to the purpose. 

These remarks are not the result of accurate obser- 
vation. The quince, in particular, requires moisture, and 
although it is a protection for small inclosures or gardens, 
near dwelling-houses, it sickens, withers and dies in the 
uplands. There exists an objection to inclosures, almost 
^s great as the difficulty of forming them, which is, that they 
would be useless on Cape farms. It is to be presume^ 
that ihe greatest extent of the inclosures would not be more 
than fifty acres, (for in England that is a large inclosure) ; 
but is it expected that inclosed land in South Africa would 
produce the turf of Leicestershire, Warwickshire, or of the 
graztB| counties of England, vnth the usual pond of pit of 
water in one or in each comer i The food for cattle on such 
a quantity of inclosed land would be wild shrubs, bushes 
and heaths of various descriptions, upon which a dozen cows 
might browze, possibly, for one or two days> without being 
starved, provided they were not themselves devoured by 
the wolf, the panther, or the jackall : but it would require 
the Rod of Moses to procure water from the rock ; for 
under natural causes there would not, except in particular 
spots, be a drop from the month of November till April. 
Travellers usually remark, that the herdsman and shepherd 
of every coontry adopt measures best suited to the cattle. 
Oxeo, sheep, and goats, in South Africa, accompanied by 
dieir guides, waikler daily in different directions over large 
tracts of land, on a farm of 6,000 acres, from sun-rise to 
sutt^set, in <Mrder to fill themselves with the soft and succu- 
lent tops of the piroteas, and of other bushes and of hei^s, 
and of such scanty herbage as they am pick up, and in the 
coiurse of every day they must be driven at least twice to 
water, and frequently a very great distance. At sun^^et 



94 AGRICULTUIIE. 

iJi^ mlnro hoime^ a^d ace iQdged in 9^sixaie dkm^d fm%», 
or knmbx i« ord^^r to protect them from the wild beasts of 
thke field ; and at ^un-rrise their daily ivaiideriiag re^om- 
jnepcea. 

Ff««i tfais statemeati a fair jud^nent may be £gtnned.of 
the inutility of general iacloyures tor cattle aad sheep, aad 
of its fallacy, if recommended as aa improvement in Africaii 
jfarmng. the whole system of wbicb^ as far as relates to 
jnaifiing and feeding cattle, rests on a treatment directly, con* 
Arwry. to tiiat of England, and pointed oint by the Mate ai4 
nature of the food and of the country. 

The Cape-Dutch have been accused of neglecting the 
xsnkmition of various produce, for whidi it is /said the warm 
cluQate of the Cape is adapted. It ea«not rea&onaUy be 
doubted, looking at their unwearied disposition to acquire 
wealth, but that were there any chance of success in the 
growth of cotton^ sugar, indigo, coffee, tobacco, and rice, so 
industrious and patient a people would have persevered, 
IMfticiilarly as there could then have been no deficiency of 
•lavtts, Madagascar and Mosambique being almost ^t the 
door. A small quantity of rice and tobaoco of good quality 
is produced in distant parts of the colony ; but there does 
not appear to be encouragement sufikient.to increase th^ 
groMfth, though possibly the endeavour haa not be>e& ,ac- 
coMpfuued by enterprize and capital. 

The com boer confines himself to the growth of grain, 
niMithe breeding of horses and a few cattle. The average 
jretmtn of wheat throiugh the colony, according to tl^ h^t 
opinions, is ten for one. Barley so called (though really 
beer or big) yields forty for one, and oets the same. On 
ibe very beat corn land, a return of fifteen for one takes 
place* and of barley and oats fifty. The climate will bring 
.one crop only of grain * tonnaturity within the year. The 
.monfh of April is the seed^titte for oaits and rye, May fdr 
.baidey, and June for wheat : but th^se difiecent s|Mecies of 
f^am may» from forward or late rains, be sown or ripen two 
or three weeks sooner, or later. Strong -showers, cofln- 
menciBg early in April, ought to continue with short inter- 
^fofaJill Jnly; wben, if the season be luvonarabK constant 
follow till Ojctober. Sncb a state of the elements 



• Besides *thfe wtnDer c*-©^, 4& ^hk3fc4hi$ remark' li fc^ftfin^d, <hene is a 



AaRICVLTUREU. 8fe 

acicurea the ott aod barley crop ; but it k on heavy shower*^ 
bile 10 October and November, that the wheat crop de-> 
pendft. If these fail when the wheat blossoms and goes 
into ear, the plant withers aad declines, and the expectations 
of the corn boer are disappointed. This of late has oc- 
curred at such short intervals, as frequently to render the 
siftpply of wheat bread insufficient to give abundance to. 
the population. 

In October aad November, 1821, the rain did not fall 
seasonably, nor in sufficient quantity ; and the wheats bav*: 
ing, for the first time, in the year 1 8^ partially suiFered 
under a new disorder called the roest, so named from its 
colour of rusty iron, has been now so generally infected, 
that one half of the annual produce cannot be expected* 
The roest begins after fogs imd damp, succeeded by a hot 
sun. A fungus adheres to the bottom of the stem,* which, 
stopping the circulation of the juices required for the nou« 
risbmeut of the plant, disables it from feeding the ear suf-- 
ficieatly to produce a proper gram, which, if previoudy 
formed, is small, and without the usual quantity of fsu-ina. 
The bearded wheat has been observed to be most subjectto 
the roest ; oats and barley, which do not suffer so muck 
from it, are harvested in November; wheat late in Deceair 
ber* Both are stacked at the edge of the floor, where the 
grain is trod out by the m»res belonging to the farm, and 
housed previ<Mis to the commencement of the rains ia 
April. 

Until the English possession, very few oats were grown 
in the colony : barley, with chaff from wheat, being used 
wholly for the food of horses : but now a very consideraUa 
spread of oats is sown for hay and for threshing. Before 
the oat ripens so as to fall from the ear, the plant is cut 
down, and the swarth dried as in England : and this hay ia 
very superior for food, to what is grown there. To the use 
of it« in tli^ place of soft meadow hay, is ascribed the dr* 
cttBEMtance of a brok«i-winded horse being of late years 
almost unknown. 

The weight of Cape grain is believed to be greater tium 
that of any known place, except Tarragona, and some few 

* The fi]n|us (if fungus it be) is not confined to the bottom of the 
stem. It is formed under the epidermis of the eolm, burtts throo^ it^: 
and K»Mers a rust-ooloured dusk. — Ed. 



96 * AGRICULTURE. 

parts in the Mediterraneaa. One bushel 0f the yery best 
Cape wheat will weigh dOlbs* English ; barley 60lb8. ; oats 
40lbs. The average weight of the colony may be about 
lOlbs. less in wheat and barley, and 5lb8. in oats. 

Wheat of the best quality is grown chiedy in Coeburg/ 
Groenekloof, Tulbagh, Four-and-twenty Riversf, Roodzandv 
and Boshesveld. That grown in Tygerbei^, Swartland, or 
elsewhere, is not of a superior quality. 

The course of husbandry, where strong unclean land 
abounds, is to break it up in August, and to let it lie till 
showers take place in March, and then to harrow it. The 
bushes, which have been torn up, must be burnt, the ashes^ 
spread, and the wheat ploughed in at sowing time. If a 
strong crop is reaped the first year, the same land may be 
again ploughed and sown with wheat a second time, and 
even a third ; so great is the force of the gritty red clay, 
which is the best wheat land. Care must be taken to 
plough a little deeper each successive year, so as to turn up 
a portion of new soil to mingle with that which has been 
pulverized in the former crops. After this third crop, the 
land should be manured for barley or oats, if it is wanted 
for a succession crop; if not, the land may remain un- 
toiiched for a year or two, and it will then be again in a 
state to be ploughed. Oats and barley, if sown on new land, 
or on land of good quality, require no manure for the first 
sowing; but on the sandy soils in the vicinity of Cape Town, 
or elsewhere, manure is absolutely necessary for a crop of 
faarley or oats, or even oat hay. 

Turnips have lately been attempted by two or three 
English farmers, and are said to do well, particularly in the 
farms at the Groenekloof. 

There is very little attention paid to sheep in die farms 
on the Cape side of tlie mountains, which includes the 
eountry from Hanglip, in False Bay, to the mouth of the 
Berg River, in St Helena Bay ; and although the Spanish 
breed has been introduced aud encouraged at the govern^ 
ment farm at Groote Post, and the public supplied with* 
Merino rams at fair and moderate prices, yet in general the 
Cape sheep is preferred Jby the butcher for its ready sale ; 
and by the cook, on account of its tail, so useful for culinary 
purposes : this frequently weighs six pounds, and is com- 
posed wholly of fat. 

The great supply of sheep consumed in Cape Town and 



agriculture: 97 

its neighbourhood is firom the distant countrj, for the far- 
mers on the Cape side of the mountains do not breed a 
sufficiency for their own families, buying their supply chiefly 
from the numerous flocks driven down by the Hottentots 
for the butchers of Cape Town. 

A Cape sheep, even in these times of increased popula- 
tion, is sold for about seven shillings sterling ; and if it be 
fat, weighs, on an average, about 43lbs. without the offal. * 
There is no shearing of the native Cape sheep, the wool 
not repaying the labour. 

On the farms where attention is paid to Merino flocks, 
the wool is of value and importance, and every necessary 
care is bestowed on the shearing and washing. 'Vhe quality 
is excellent, and the price on the spot is now about two 
English shillings per pound. The whole of it was ex- 
ported to England, to the amount of about 20,0001b8. 
during the year 1821. 

It is a severe reflection on the colonists, that they have 
not exerted themselves to increase the Merino flocks 
throughout the vast grazing countries to the northward 
and eastward. The example of New South Wales is before 
them, and there is no doubt but that, in the mountainous 
and grassy countries of the Cape, a sufficiency of wool 
might be grown to give an export inferior in value only to 
wine. Great Britain, it is to be hoped, would take off the 
duty of sixpence per pound on Cape wool, for the Cape 
colony requires favour and indulgence, before it can be 
placed in a proper attitude. 

There are about twenty Merino flocks in the colony, 
making a total of about 8,000 sheep, yielding each from 
two to three pounds and a half of w6ol. The time of 
shearing is from October to November. The ewes bring 
lambs chiefly in March. In these parts, they rarely pro- 



* A Cape sheep killed by Greorge Mailer, butcher, Sd Febraary, 1833, 
foar years oldy $tall fed, weighed 160lbs. Dutch weight, alive, ot 174lbt. 
English. 

lbs. 
/Meat 93 

When dead, j^n^'siiefiit* ' '. '. \ '. t$ 
( Head, skin, and o£fal . . 4S 

IdOlbs. Dutch, 
n 



98 AaRicuLT.yitc:. 

duce more than one laxnb ; but &r in tb^ int^rior^ they, jh^ve 
two; and in some places lambt^vice in the year, .The c;ar- 
case of a two-year-old Merino sheep will weigh 4Qlb9. 
Dutch ; three years old ^Ibs. ; four years old 60\\>8p 

The goats abound in every part of the colony. They 
are of a large size when castrated, and are the food of the 
. slaves. They live and do well on any pasture^ or almost 
on what appears to be bare ground ; and every farm . has 
a considerable number. Their docility and their attach- 
ment to the place to which they b^ong^.m^ke them useful, 
by keeping the sheep from wandering or , straying when 
frightened, or scared by dogs ; and every flpck of sheep is 
accompanied by an allotment of goats; a proportion .of 
which is always required by every Hottentot who drives 
sheep down from far countries^ to head the flocks in their 
long journey. 

The quality of the milch cow has been .much improved 
by the introduction of the Dutch Friesland^ or, as it is here 
called, the Fatherland breed. The native Cape cow .is 
unquiet at the pail, gives little milk, nor even that little unless 
the calf is first allowed to suck. 

The butter, of which a very large quantity is qiade^in the 
interior, and brought (o the Cape by waggons and. coa$t;iei:s 
in large tubs and barrels, is of good quality. It is churiml 
from the whole milk, not from the cream only, as in Eng- 
land, and its usual price is about sev.enpence sterling per 
pound. Very little cheese is made, and that little, sUmost 
without exception, execrable. 

The oxen, without wbose services the boer is at a com- 
plete stand-still, are large handsome animals ; and if fat- 
tened, as they are in Europe, would by no means yield to 
them in. size or beauty. Of these, every boer, having a 
farm of usual extent, possesses many yokes ; but in most 
farms they require change of pasture for a few months every 
year, without which they become lamziek {lame-sick), or para- 
lytic in all their limbs, said to be occasioned by the prevsileiice 
of saltpetre, efHorescing from the earth at particular season^. 
In this disease they lie down, to rise no more. Oxen are 
also subject to other fatal disorders^ especially strangury. 

Saldanha Bay, to which many are driven, is called the 
doctor ; and the feeding there restores them to plumpness 
and health. Others send them over the berg, or mountains, 
beyon() the peninsula ; but all oxen, after the season of 



A^niCVLTXJKK. ' 99 

jilougtiing and sowing, whidi reduces themteFy low in 
nesh, require a long term of reit to recruit and prepare for 
the fresh labour of drawing the grain or wine to Cape 
Town. The value of a good ytan, or team of twelve 
young seasoned draught oxen, is from 6 to 600 rix-dollar», 
or about three guineas sterling jfer ox. 

An ox fit for slaughter, weighing from 400 to 500lhs. of 
meat, will be sold to the butcher for about 40 rix-dollars ; and 
a stall-fed ox, extra-fat, as the term here? is, will fetch from 
100 to 150 rix-doUars, and weigh 800lbs^ without the offal. 
An experienced Cape butcher declares, that he never 
slaughtered an ox that weighed more than SSOlbs. Dutch, 
or 896Ibs. English weight, without that part which is, in 
England, called the fifth quarter. 

Mules, imported from Buenos Ayres and the Brazils, 
are in considerable estimation atfd number, in and about 
Cape Town. Their usual price is about 200 rix-<lollars ; 
and, working upon little food, and that of poor quality, 
living where horses would starve, and not requiring care, 
they appear to be useful ; but, not re-producing, can never 
be considered profitable stock to the boer. Some few 
mules are bred in the iiolony, and a good Spanish jackasft 
sells for 500 or 1000 rix-dollars. 

The number of horses is very considerable. The ori- 
ginal Cape pony, (for few are above thirteen hands and a 
hAlf,) in whose breed there is Spanish blood, is a most 
extraordinary animal, carrying his rider through sands and 
over hills, without other rest than for an hour or two^ at 
the public halting-places, called the Uitispan, where h6 rolte 
in the dust, and refreshes himself with a scanty bite of such 
grass and herbs as are there produced, and by drinking 
water which very frequently is brackish 4 These animals 
pace about four miles an hour throughout the whole day, 
but if pressed beyond their usual rate, they give way. The 
original draft horses are of rather a larger si^se, and eight 
of them will, in like manner, draw the pleasure and draft 
waggon of the country, which is the general arid only con- 
venient way of travelling through the peninsula and Over- 
berg, in the distant drostdys. These waggons have caiiva,S8 
tilts over them, to defend the traveller from the sun in gumh 
mer, and frotn the rain and cold in winter. Where the 
mountains are too high, or the sands too heavy for ifiorsti, 
the travelling waggons are drawn by Oxen ; and in distant 

h2 



100 AGRICULTURE. 

journeys, oxen are chiefly used, as grass or bushes are 
found every where, on Mfbich they can feed and work; 
whilst horses require barley and chaiF, or oats, when they 
rest at night, and those are not always to be had. A slave 
or Hottentot leads the oxen, but in the horse waggon one 
man holds the reins and drives by them ; and the boer, the 
chief coachman, coerces the horses with an immense whip, 
with which he performs his part. A masterly management 
of the whip is the pride of a boer. He commences as soon 
as he can bold one^ and such is his accurate aim, that a dex- 
terous driver can lull a bird on the ground whilst in the act 
of passing with his waggon, if it be within reach of the whip, 
which is long enough to strike the leaders on any part to 
which it may be requisite to apply it. The Four-in-hand 
Club must not assume to itself the least precedency. They 
are compaiatively children in the profession, and would 
shrink before the boer, who, in an instant, getting his eight 
in hand into quick time, twists them, unassisted by the col- 
lateral aids of bearing-up reins^ round and round in various 
directions, vying each with the other in address and dex- 
terity, and displaying their well-painted waggons and spi- 
rited horses. This takes place on a Sunday, after service, 
on the space before the door of the drostdy church, which 
is the arena for exhibiting all the powers of complete coach- 
manship and well dressed horses. 

The boer puts his team into a gallop just before he 
reaches the first rise of a hill, and continues it half way up, 
if the hill be long; or if it be of moderate length, the whole 
way ; and considers the velocity given to the team to be 
a relief to the weight. As soon as a team of spirited 
horses see the rise of a hill they are to ascend, they start off 
at a pace and with a force not to be checked by a driver of a 
puny breed. In truth, nothing would surprize an English 
coachman more, than the sight and action of the pleasure 
waggon of a boer, with its usual appointments in horses 
and driver. 

Amongst the exports of the colony, the reader will have 
to remark horses. It may be stated to have been created 
by the present governor. He introduced some of the best 
-hred stallions of England, and by their dispersion, the race 
of horses. has been so much improved in size, temper, and 
beauty, as to become desirable objects of acquirement at 
Mauritius and in the East Indies. The visitors from India, 



AGRICVLTUKZ. 



ioi 



who resort hither for health, return accompanied by one or 
more horses, purchased for riding, driving, or racing. 
Exclusive of individual sales, cargoes of Cape horses have 
lately been shipped for Mauritius ; and, as the speculation 
is said to have been advantageous, it may possibly lead to a 
regular coounerce in horses with that island. This export 
seems to grow with the improvement of the animal^ and 
an important balance of near 300,000 rix-doUars has been 
paid within a few years for Cape horses ; and that which 
appeared to be undertaken for the gratification of hunting 
or racing, has become a substantial source of profit to the 
breeder, the farmer, and the shipper. 

Amongst all agricultural stock, swine are least encou- 
raged. There is a dislike to pork among the Dutch inha- 
bitants ; and it prevails so strongly among the Mosam- 
bique and Madagascar slaves from prejudice, and among 
the Malays from the tenets of their religion, that it requires 
the eye of the master to see these animals even regularly 
fed ; and the supply of hams and bacon from England and 
Holland is so abundant, as to make them an object of little 
consequence to Europeans. 

A nock of geese is a valuable appendage to a farm. 
Whether in the town or in the country, every Cape-Dutch 
sleeper reposes on a feather bed and on three or four pil- 
lows, and as the individual increases in corpulency, so do the 
pillows in number. This inclination to fatness is so certain 
to take place, particularly in the Cape female, that six 
pillows are required as the least possible accompaniment 
for each bed. The consequence is, that at every farm the 
featherless breasts of numerous geese present themselves to 
notice. They yield -considerable profit, by a three-fold 
plucking during the warm season. 

The boers in some respects resemble the yeomanry of 
England. They are the proprietors of the farms, or places 
as they call them, which they occupy in right of ownership, 
subject to an annual payment to government, as the 
original lord of the soil. Such a thing as land on rent, 
from the owner to another, is hardly known. The lands 
are held under one of the* five following tenures: first, firee- 
hold (eigendom), of which description few farms exceed 
sixty morgen, or about 120 English acres. The greater 
part of these were formerly granted for a sum of mon*y 
piud down; consequently the government of this day 



\0% AGRICULTURE, 

receives no advantage from the grants. Tlu9 tenure is now 
in disuse^ and none of this description have been made 
latterly. 

Second, Perpetual loan-places (leening eigendom), also 
now in disuse, consisting of about 60 morgen (120 acres) 
of freehold land, given on the resumption of the loan- 
right, and for virhich there is an aimual paynaent of 25 rix- 
dollars to government. 

Third, Loan-places (leening), generally one half-hour's 
walk every way from the centre, at a usual pace. An 
an^i^al payment to government of 25 rix-dollars is charged 
on these. 

Fourth, Fifteen years quit-rent leases. These consist in 
an indefinite but small quantity of land. The leases are 
expiring, and are not expected to be renewed. The usual 
annual payment to government was four schellings for a 
morgen, or two acres. 

The fifth is the perpetual quit- rent lands, from one mor- 
gen to 3000 and upwards. The annual payment depends 
upon the quality and circumstances of the land; but on 
loan-places, converted into quit-rent, no greater payment 
than 250 rix-dollars per annum is allowed to be taken. 

Nothing can be so plain and simple,. and at the same 
time so free from all possible doubt and dispute, as the 
title tQ estates in the Cape colony. They all emanate 
from the governments of that day, whether Dutch or 
Engli^h^ which had possession of the Cape when the grant 
ws^ made. 

To acquire land, the first step is a memorial to the 
governor, praying a grant of certain land on perpetual 
QUit-rent; this is referred to the landdrost and heemraden of 
the district where the land lies ; and if there be no ob- 
jection by reason of interference or encroachment on the 
private rights of another, or any objection oii puUic 
grounds of roads, fountains, or such matters, the govern-? 
inent ^wprn. surveyor in^ikes out his diagram or plai^i, and 
pfirticplar de/^cription and measjiirement of the land, which> 
^fter^ being approved by the landdrosj and heemraden, is 
JForw^ainded by l«m to the governor. If the governor con- 
lients to the ^r^i^t^ ^. deed is made out in d^plicate, with a 
correct descnption jai^d chart ; oije^ part of which is given 
to th^^pmrty^ and the qther is. registered, and remains in the 
colpmidoffi^, . PoiSiseejsed of this grant, if the, owner der 



A«1llCULtCrR£. 103 

iires to mortgage the laud, he brings his title to the colonial 
office, ^iriiere » bond for the amount of money to be ad- 
Yanciid on die security of the land is prepared and executed, 
before two commiBsioners of the court of justice, sitting 
at the colonial office every Friday, for the purpose, and in 
die presence of the colonial secretary, who so certifies on 
the bond itself. These bonds are entered in a book, called 
■tiie Register of Debts, and are preferable claims on every 
• estate, rek\ or personal, according to the date of registry. 
-There fcan be fto valid or legal mortgage on an estate unless 
the bond; called skypgennis, be registered in the colonial 
H)(ffice ; and in case 6f sale, no transfer can be made through 
-the colonial office by the conmiissioners, till after a settle- 
ment of all bonds, either by the mortgager consenting to 
jcbattnae his loan on the securities of the new purchaser, 
or by repayment When that is arranged, a fresh transfer, 
referring tt> the old one from the proprietor to the buyer, is 
prepared, and they both attend, or some one for them by 
power of attorney, whfen the one makes over, and the other 
accepts, the transfer before the commissioner of the court 
iof justice and the colonial secretary. This also is in du- 
plicate, one part of which is delivered to the office and re- 
tained for registry, the same as in an original grant, and 
the purchaser departs with his title complete. 

Thus, without a possibility of fraud, or of the existence 
of claims withheld, or mortgages concealed, may the largest 
and best conditioned, or the most involved, estate, where 
parties consent, be sold and transferred from one owner to 
another, on a couple of sheets, or less, of paper. 

Before any transfer is signed, a certificate miist be pro- 
-dniced to the colonial office, from the collector of inland 
t;ust^ms, that the sale price has been declared on oath, and 
thfe dlity of two and a half per cent, on loan places, or four 
per cent, on others, has been received by him. 

No dieed before a notary can convey land, nor is any title 
^ood, or rather diere is no tide to land, but by transfer at 
the colonial office in the way before stated. It must be 
obvious that this expeditious, yet clear and secure manner 
of conveying property from one to another, can be practised 
only in countries where the transactions are simple, and 
where the jproperty is of recent birth and ownership. 
There iw no register of a grant of la^nds previous to the 
year 1685. 

The ponderous mas0 of English conveyances is perhaps 



104 AGRICULTVRS. 

absolutely required in that country, where the faiws of set- 
tlement, of primogeniture, and of entail, have been growing 
for ages ; and where the legal trappings of many centuries 
must necessarily be in strict force and effect. 

In the Cape colony there are few farms or places that 
remain long in the same family ; probably not during two 
descents. The legal distribution of property between, all 
the children of a family, whether male or female, renders 
the sale of an estate usual on the death of the owner. 
Sometimes the whole is purchased by one son; but fre- 
quently it is sold in parts : and very soon the whole go^ 
into other hands. The estate of the Cloetes, at Conr 
stantia, had descended from father to son, upon the pay^ 
ment of a sum to each of the other children in proportion 
to the claim ; but of this there were few examples ; and it 
no longer is in force at Constantia. 

There is in the colony none of that strong innate feeling 
of regard for a native spot, which obtains in England ; no 
attachment to the place, where the years of boyhood were 
played away. Such a sensation could not be understood or 
felt by a Cape-Dutchman. So much land, of such a 

Juality, will produce so much corn ; so much veldt, or 
eld, will feed so many oxen, cows, and horses ; no matter 
where. 

By the following statement of a three years average of 
the quantity of wheat brought into Cape Town since and 
inclusive of 1 804, it will be seen how far the supply to the 
Cape, and consequently the growth of corn, has increased 
of late years. The granary at the Cape being a dep6t for 
the supply of Batavia and the eastern possessions of Hoi* 
land, the growth of wheat was a decided object of the 
Dutch Cape government. The price of wheat in those 
days may be calculated at from 40 to 50 rix-dollars per 
load of ten muids, weighing ISOOlbs. Dutch. The cur- 
rent price, when no dearth prevails, may now be estimated 
at 100 rix-dollars per load ; but by its variation it has ge- 
nerally afforded fair encouragement to the grower. 
The quantity of wheat brought into Cape Town, 

In 1804, 1805 and 1806 = 91,341 muids. 

1807, 1808 and 1809 = 123,918 

1810, 1811 and 1812 = 128,013 

1813, 1814 and 1815 = 147,038 

1816, 1817 and 1818 = 145,623 . 

1819, 1820 and 1821 = 97,984 



The years 1819 and 1S£1 were years of blight, and it 
will be nearest the fact to take the average quantity neces- 
sary to supply the various demands of Cape Town from 
the preceding three years, which gives 48,56 1 rauids an- 
nually. It is evident that this quantity is expended in the 
cfirrent year, as in the *next year, 1819, the harvest fell 
short,.and no available supply could be had from any for- 
mer surplus, so as to prevent the substitution of rice in 
bread. The bakers of Cape Town consume 30,000 muids, 
and the remaining 18,000 vanish in the neighbouring vil- 
lages, in Simon's Town, and among the merchant ships, 
-^ requiring meal for their daily use, and the latter as a 
supply for their voyages. 

Unless there be a breadth of ground yearly in wheat, 
sufficient to afford the above quantity to be taken into 
Cape Town, there is a scarcity there. Allowing the po- 
pulation of Cape Town and the neighbourhood, to be 
21,000, which is not a fifth part of the present population 
of the colony, the quantity of corn required for the whole 
people, (including the surplus 1 8,000 as a supply peculiarly 
required for the Cape,) amounts to 168,56 1 muids, to which 
may be added about 20,000 muids for seed, making a total 
of 188,000; more than equal to an average good harvest, 
and not leaving much to spare in an abundant one for the 
•evil day. 

A very erroneous opinion has prevailed, that the Cape 
colony has the capability of growing any quantity of bread 
corn. The early school recollection of the granaries of 
Alexandria, and the eastern parts of Africa, which supplied 
ancient Rome, and now supply Constantinople, may, per- 
haps, leave an impression of general fertility in the com 
lands of all Africa : but the overflowings of the Nile, or of 
any other river, do not fertilize this soil, and there is no 
delta here. That this is an error, experience has now 
decidedly proved, though it appears not to have worked 
complete conviction of a truth, that, so far from the Cape 
having the power at present of growing wheat for export- 
ation, she has not the means of producing, on an average of 
years, enough for her present inhabitants, without having 
recourse to barley bread; for bread is the chief part of the 
food of the slave population of the Cape. 

In the days of Buonaparte's detention, the greatest pos- 
sible impulse was given to the agricultural produce ; yet in 



106 .ii|«iiicui.i!yR«. 

thoae jeBTB, the qu^tky of : wli^tft brought into the Cape 
market was oaly just sKfficient for ' the demaad of St. 
Helena^ utid for the colony. A gradual small increase of 
the growths as long as there remain unoccupied lands fit for 
cultivation^ and until all land is fully cultivated, may possi- 
bly ensue ; but events prove, taklbg good and bad seasons, 

-that the Qipe at no time^ widia smsdler population^ could 
do more than grow its own bread ; and that even in theae 
days of improved agriculture, whenever a harvest excessively 
abundant tempted to the folly of exportation, dearth has 
uniformly followed^ and a quantity of grain, exceeding the 
export^ has been imported in the succeeding year to pre- 
vent distress. 

No man, under aU circumstances, am expect again to 
see wheat at less that 150 rix-doUars per load, except for a 

.time, from the unusual circumstance of two or three abun- 
dant harvests in succession, or from an excess of import, 
destructive of the course of exchange and of agriculture* 

If the above statement be doubted, let the quantity of 
wheat required for the use of the colony be taken at one 
pound of com per head per day, for a population of 
1 10^000 inhabitants, of which a large proportion live chiefly 
on bread, the number of muids required will be 223,056, 
and adding, as per opgaff of 1818, 16,077| for seed, must 
amount to 239J32 muids — a quantity far beyond the pro- 
duce of the Cape at the preeent moment, even without the 
periodical recurrence of drought and blight. 



AGRICULTURE. 



' 107 



00 
00 



^ 



ft} 

i 



«? 









^ 






•a^H 



•siBQ 



•X»I4i»a 



•4»»4M 



•9% 



•«)»0 



'iCdiJvg 



•jBaqM 



•nainoj^ 



•«»N 



o 



3 



Ti 



9 



^-atl 



t ^ 

s 4 



I I ^ § S 



« f f 2 * I 

«^ ^ 9) v4 e* Ok 



A S9 9f V} 

^ ^ ^ ^H 



I 9 



3 9 






e5 «0 



S 9 



I' r 



Ok CO 



S s 



£; & 



I* iS 



S 



o 

«0 



8 52 



«0 Ok 2^ 

e* ^ Ok 



^ 



I i 



•oaniojy^ 



•Udpi 



g § 



©< fH «0 



i 



9 



§ 



I 



I 



$s 



^ 



I 

I 



I 

4 



•aamoj^ 



J 



TT 



00 <o 
o S 



•UOK 



00 Ok 
-* 00 



Ok Ok 

8 S 



T~r 



•aanioj^ 



«♦ e^ ,p •'^ 

r^ tn <^ t* 

^ -^ T^ »n 






8 S 



•fIO|^ 



W Ok 
Ok CO 



I I 



I 






■<§ 



* 



I .1 



.3 






li 



^ o_ 



5 






$ 



108 AGRICULTURE. 

By the foregoing Population Extract of 1818^ considered 
to be more correct than later ones, there appear to be 

99>154 inhabitants of all descriptions, exclusive of 
strangers. 
Add 4,000 for strangers, military, navy, sailors in mer- 
chantmen. 
4,000 settlers in 1820 and 1821. 



107,154 

2,345 increase in slave population beyond opgtff 
of 1818. Vide Cap. IV. 
539 omission of opgaff in number of prize ap- 
prentices, there being 1839 imported, 
besides their increase since 1 808. 



1 10,038 



The opgaff of population here quoted must be less than 
the actual number, the increase of the white population 
since 1818 not being noticed. 

Number of Muids of Grain of every Description brought 
into Cape Tmonfrom 1804 ^o 1821, both inclusive, accord- 
ing to the Market'book* 





Wheat. 


Rye. 


Barley. 


Peas. 


Beans. 


Oats. 


1804 


37,535 


,, 


25,409 


793 


617 


2,543 


1805 


23,234 


1,589 


22,144 


686 


635 


3,042 


1806 


36,572 


2,069 


23,894 


359 


1,004 


6,929 


1807 


41,575 


996 


32,468 


334 


468 


6,827 


1808 


40,681 


332 


26,012 


168 


285 


4,875 


1809 


41,662 


754 


29,234 


167 


234 


7,002 


1810 


35,912 


546 


26,837 


335 


310 


6,349 


1811 


40,616 


697 


28,023 


415 


220 


7,795 


1812 


51,487 


166 


25,380 


375 


342 


5,136 


1813 


41,051 


263 


25,136 


515 


437 


7,495 


1814 


38,671 


824 


27,058 


329 


339 


12,538 


1815 


63,316 


640 


30,323 


230 


263 


14,242 


1816 


58,873 


368 


31,954 


424 


294 


13,394 


1817 


44,831 


469 


27,192 


487 


444 


11,971 


1818 


39,979 


665 


25,072 


490 


.554 


12,665 


1819 


25,865 


544 


18,554 


145 


384 


12,776 


1820 


53,765 


489 


30,253 


182 


618 


20,164 


1821 


18,354 


1,174 


23,859 


268 


402 


21,184 



VniBTARDS. 



10? 



There is a diity on each load of tea muids of gcain pliid 
at the market : 3 rix-doUars for wheat; 2 r.drs. ^ sch. 4 st. 
for barley and rye ; 5 rix-dollars for peas ; 4 rix-dollars for 
beans, and i rix-doUar for oats ; besides turnpike toll of 
half a rix-dollar per load. 

From these documents it is apparent, that the Cape 
colony does not grow wheat enough for bread and floujc 
to supply the shipping and its own population. It is nor 
where proved^ that since the English conquest it ever had 
the power of so doing, and the result appears to be, that a 
numerous portion of its inhabitants are in every yem* sus^ 
tained by bread made wholly or in part with barley, of 
which the supply is abundant. Bread made with a pro- 
portion of barley flour may be wholesome, and those com- 
pelled by circumstances to feed on it are not claimants foe 
pity ; but let not the public be deceived into a persuasion 
that there grows, or can grow, a sufficiency of wheat equal 
to the supply of an additional population to any possible 
extent. 

To this popular, but erroneous opinion, by which even 
the rulers of the land were deluded, are the sufferings of 
the English settlers to be charged, as far as relates to dis*; 
tress now felt by the dearth of bread ; and one of the prio* 
cipal duties of the colonial government, for many succeed-r 
ing years, appears to be, to encourage, by every possible^ 
means, and by every favour and indulgence to the boer^ 
the most abundant growth of wheat of which the colony is 
capable.* 

SECTION II. 

Vineyards. 

The wines of the Cape are the objects next in import- 
ance to its agriculture. 

In 1806, when the colony became English, five thou- 
sand leggers of wine, each of 152 gallons, passed into Cape 
Town, (6909 pipes.) 

• More attention may, perhaps, be given to the growth of Indian 
com than has hitherto been the case. Surely, it has never been deemed 
an indispensable condition of the prosperity of the colony, that the whol« 
of hs population shoaid be subsisted on wheaten bread. With i^oq-. 
dance of barley and maize it might yet thrive. — £d. 



110 TIKBYABBSr. 

The qnemity inaetisti^'ghdii^y, aieoofdin^ to tfae^ tea- 
sons, «iitil' i8id, Avhen the rednotion of the doty in Bn|ri> 
hud, causing na aagmmted export; save rise to suefa 'an 
addition of vmitywnks, that abdve 1^000 pipes were' ex- 
ported in 1817; and 10,000 leggers (1^,818 pipes), have» 
for the average of the last five years^ been annually brought 
into the Capennarket, with the prospect of a very consider^ 
able further growth; ^s^tho new- tineiyards have hot arvtvc^ 
to the point ^thek utmost produce. 

It most naturally fcrilow, diat thk immense supply outraii 
the demaird ; and. the price to the wine boer declined so 
considerably^ that the increased produce is of less total 
vahie> than the imcoiRnderable growth of former years* 

The wines; arc of varioiur descriptions. From the Mus* 
cade) 'grape ' is pressed the well known Constantia and 
musoat wines, of peculiar flavour, bo^h whit«f and red. In 
these" wines th^re is no taste of the soil: vi^iether it be 
overcome by thesweetifess of the grape, or that this win^ 
will grow only in one spot, free from imparting such taste. 
Svcfawas the general opimow; b^t Mr. Sebastian Van- 
Reenen, a Cape^Dutchi^ntleman of great entcr))rii$6 and 
sagacity, and well a«quainted with the colonyr purchased 
the place of Witteboom, soon to become the third Con* 
stantia in name, but the gneot Constantia in produce, siepa-^ 
rated only by a hedge from Constantia. Reflection' co«m 
vinced him, that the hedge which divided the property liad 
not altered the nature o€ the soil on his side ; to which wasf 
added, his belief that there was something in the climate Of 
that hill imparting the flavour to the wine, as he observed 
the vines at Constantia to yield the same quality of wine, 
whether grown on white sand, clay, or gravel. Van-Reenen 
immediately planted 110,000 vine stocks of the Muscadel 
grape on the adjoining hill. The seasons were unfavour- 
able ; and the jealousy of neighbours, perhaps, anticipated 
without displeasure the disappointment of Van-Reenen's 
hopes. The first 7ear, heavy rains potiring down the hill 
cfarried with them both vines and land; fcut he had too 
much resource to be dismayed, and his attentive obserVatioh 
of what had taken place in the first season, suggested the 
cfiicacy of deep open trenches traversing the vineyard, and 
dividing it into sloping compartments^ receiving and carry- 
ing off the delu^ ^fom it could act on the- surface of the 
whole vineyard. Complete ' success was the result of his* 






^^ 



yiN£TARP«»* 111 

prodjuce a great supply , of tb«t d^BornhmUmu oi valuabk 
wine kpown under the n^uue of CofiisitaDtia* . Aftfar the dw^ 
burseme^l of a very large sum of money, and the exerticai 
of m9^y years of time and anxiety^ Mr* Vnn-Reenen Ivmd 
only to s^e that, his. prospQct9^weie about to be realized^. 

The Cpn^tanU?^ win^s ; w.ere : soU a short tine, since. at 
£00 rix-doUarSj .n^w redu<;ed> to 150, per iialf'*aiun» ^ 
mes^sure of 19 ^Uopq,. which is a price higher thaath«| 
of any other k^own <vrine at the place of its growths 
There are said .to be about B0»000 vines in beariiig< at 
Great Const^ntia^ , producing 30 leggers or. 240 hal&iaiiiai& 
of white or red Consts^ntiaa and Frontignac* Tha Little 
Const^tia> as it i^ termed, produces more wine than the 
Great CpBc^ntia. The produce, of the vintage of Maoch 
last is 4Q leggers of Constantia and 40 of Cape .stodu 
These two Cpostaotia farina are held under a particalar 
tenure* Tlie I>utch.£9st India. Company had the m^ 
nopoly of the export.of Constantia wine ; but the pui;cha»7 
ers of these farms redeemed the monopoly, by an agcccH 
mentto deliver 60 half-aums from ^adb.fann at 25 rix- 
doUarj^, pe^ half-auim ; whichtftre, under live same covenant^ 
no^ received by the British colonial gov^roment . Gireat 
dissatisfaction haa been, felt .by.the proprietors of the timer 
Constantias at government continuing so to do during the 
high price : but the reply was» that such. was the con^tkin 
of the grant. Whenever the vineyard of Witteboom ytelda 
in abundance, the price will, in all probability, be so re- 
duced, that the government will pay more than an indi- 
vidual, and the proprietors may fairly retort, " such was 
the condition of the covenant." The wine is sent to Eng- 
land as presents to soften the temper of ministers, and to 
sweeten the lips of royalty itself. 

In June and July, at the usual time of pruning the^vines!* 
9U0icient stocks are reserved for the formation of new 
vineyards where required. The ground, i3 well dug, wl^ere^ 
moi^t^ .to. the depth of two feet, and where jdry, thi»e 
fe^t ; and the stocks, from 18 to £4 inches, jare planted ii^ 
rows about three feet apart, chiefly in the month of /S«pr^ 
tember. The young vines throw out shoota almost imme^ 
diately, and bear a few bunches of grapes the second yeac* 
The third year gives a moderate picking : and in five yeara 
the yineyaicd is in full bearing, and if pri>perly .treated )v^ 






112 VIN£VAR]>S. 

remain so beyond fifty years. One thousand stocks, whe^ 
well trained and manured, yield a legger, or 1 52 gallons, of 
wine ; but now that vineyards are multiplied, and manure 
less easily obtained, fourteen or fifteen hundred may be re- 
quired for a legger. The grapes are trodden out by the 
feet of negro slave men, and the juice so expressed received 
into vats and casks, where it undergoes a fermentation, 
(a sU*ong one it is to be hoped,) together with all the future 
jMTOcess. The vintage takes place in February and March ; 
but no wine is by law permitted to be brought into Cape 
Town till the following September ; and regard is in this 
instance properly paid to the health of the people. Many 
of the new vineyards are on rising grounds or the lower 
slopes of hills, in the expectation of improving the quality ; 
yet as vineyards in the low grounds yield most fluid, the 
avarice of the moment operates as a check to improvement! 
The wine boer does not consider how much the production 
of a good staple of wine will add both to consumption and 
prtce, whilst the continuance of the present quality will 
narrow it to the mere beverage of the colony. 

The individual most interested in the growth and export 
of the wines of the Cape, and better qualified, from his 
dualities and observation of all that passes with respect to 
vineyards and wine, to give an accurate statement, observesi 
that there are really no more than eleven distinct species of 
vines, from which, perhaps, 1 50 different sorts of wine may 
proceed. He calculates that there were, in 1821 — 
2£,400,100 bearing vines 
2,820,000 not in bearing 

25,200,000 



Of these vines, 21,000,000 are of the common green 
grape, vitis vinifera of Linnaeus; of which is made the 
white wine, called Cape Madeira. Of the pontac black 
grape> which is the same as the cote rotie of the Rhone, 
the pontac of Guienne (or the pontac of France,) and the 

Grt grape of the Douro, there are 270,000 stocks. Of the 
uscadel grape, which gives the sweet wine of the same 
nsLtae, and also the Constantia, there may be reckoned 
525,000 stocks. Of the green steen gtape, which gives 
Ae full-bodied steen wine, so called from the same grape 
on the Rbin^, and which is well adapted for wine, but not 



VINEYARDS. lis 

productive, there are 180,000 stocks. Of iha haii^yoot, 
used for raisins, but unfit for wine, on account of too miich 
niucilage, 275,000 stocks. The remaining six species maj 
be found, but they are not suitable to the climate or soil, 
and possess too much water and mucilage, and too litde 
9Ugaf and tartar; and of them there may be 150,000 stocks. 
. The 2,800,000, not in bearing, will give the same pro* 
portion ; and they compose the young vineyards not yet in 
produce. 

According to this calculation, reckoning 1400 vines to a 
tegger, the total produce of the Cape vineyards amount to 
)lf,006 leggers or 2 1 ,333 pipes ; and if the annual exporta* 
tion of 12,000 pipes had continued as it stood in 1817, 
1;he consumption of the remaining part of the colony, 
exclusive of Cape Town and its vicinity, together with 
st^ore wine for the supply of ships in port, and with what 
is kept in vats for improvement, would have absorbed the 
whole quantity made. In this year, the export amounts to 
6880 pipes, leaving a great increase in the stock of wines 
in the hands of the wine-merchants at the Cape. The 
viQtage of last March has not quite equalled former ones ; 
but it will leave a growing surplus quantity of wines, to be 
delivered in September, unavailable for the purpose of 
remittance. The only desperate hope, in which a wine 
grower can at present indulge, is, that the blight might 
abandon the wheat and settle on the vines for a season. 

The object on which^ and on which alone, men here 
dwell, is a hope that the legislature will allow the Cape 
to become a free port in the true and liberal sense of 
the word. " The State of the Nation," published at the 
meeting of Parliament, and evidently the expos6 of gor 
vemment, affords expectation, that, in a very short 
period, the hope will be realized. This pamphlet, amongst 
other praise, applauds ministers specially for continuing at 
the peace, the " Free Port of Bermuda," and generally 
for '^free ports, so wisely established;" adding, "The 
object of their maintenance is twofold ; the one reflecting 
much honour on the political generosity of the country; 
the other, more particularly directed to the maintenance 
and advancement of our interest." It is impossible, not to 
acknowledge " the frame is excellent, and in every respect 
consislent with liberal policy and jW commercial views" 

Under the order pf council, and the bonding system, it is 

I 



tl4 VIKITARDS. 

now permitted to those foreign nutidii^, in amity wtdi Great 
Britain, who grant similar kidulgetice to the commerce of ^ 
Cape of Good Hope, to land onduty for consumption, and to 
bond free from duty for exportation, any produce and mer- 
cfaandtae (with the exclusion of cottons, woollens, steels aftd 
iron) of their respective counti ies. To this should be added^ 
the extension of bonding, for exportation, the produce and 
merchandize of aU other countries. Ships of every natioQ 
would then resort for their mutual traffic and exchange of 
articles, and the Cape become an important dep6t for the 
east and the west. Under such a system, probably, the 
wines might find a full Sale in the consumption of an 
iftttnensely increased tonnnge, and with the addition of a 
considerable export to America. With such an opportnuity 
of trade and barter as a free pdit gives, few ships would 
omit to call at the Cape, even in the outward passage to 
India; and, probably, none in the homeward would negkct 
so enlarged k market. 

A duty of fonr rix-dollars six sehellings is paid on each 
legger, for market money, &c. ; and on export, the wine 
taster receives three rix-dollars, including gauging, on 
account of government, and one rixHdollar for wbsufage* 
There was formerly an export duty ; but «very description 
of export from the Cape is now daty free. 

If a wine boer, living at Stellenbosch, sends a legger of 
Cape wine in a waggon drawn by twelve oxen and attended 
by two slaves, they return at the end of four days with, 
fpossibly, a three months' credit on some Cape vme^ner* 
chant, for 45 rix-doHars ; from which must be deducted the 
piyment of four rix*dollars six schellings duty and gauging, 
and also half a dollar turnpike toll ; leaving to him, on 
icach legger of 152 gallons, the sum of three pounds ster*- 
ling, as the value of the rent of the land, of the carriage, of 
his own labour, and that of his slaves or hired servants, 
and as the fund for his household and personal expenses 
and those of his family. By die present newly-built wag- 
^gQOs, with immense circumference of wheel, each bearing 
four leg^rs, the expense is lessened, and twenty oxen only 
are suftcient to drag this vehicle to Cape Town, which 
eaves twenty-eight oxen in the carriage of four leggers. 

The culture of a vtne^rd requires only at particular 
seasons of the year any hur^ supply of hands ; and a regu- 
lar price of one hundred nx-dollars, in the market, would 



TINSTARDS. 119 

be a full and satisimctdry payment for the legger of new 
Cape mne, of the best qUauty. 

From the refuse of the grape^ is obtained a poor descrip* 
tion of vinegar, and of brandy> which is an ardent and 
destructive spirit^ and of a quality unfit for exportation^ or 
for the improvement of the wme. It is chiefly consumed 
by the sailors of ships in harbour ; and by persons of the 
lower class, who value liquor according to its power of in^ 
toxication. 

There is a market duty of three rix-doUars per legger oil 
brandy, and one for gauging. 

Number of Leg^rs of Wine and Brandy brought into 
CajfeToton, as per Market Book. 

Wine. Brandy. 

Year 1804 6OI6 511 

1805 5000 602 

1806 4732 448 

1807 5265 337 

1808 2982 316 

1809 5003 ^8 

• 1810 ..... 4897 373 

1811 6947 309 

1812 5363 439 

1813 6073 315 

1814 ..... 5655 301 

1815 9951 560 

1-816 8757 702 

1817 12379 506 

1818 7701 385 

1819 8888 448 

1820 11096 506 

1821 11624 . . . . . 566 

The consumption of Ae colonial wine in Cape Town 
ttod the neighbouriiood is calculated 
at 1200 leggers for jthe Pacbter, 

and 3000 J^»»^.'\J^ J^^, ^^^** *^* 

^^i neiglibourhood, 

mtd for Simon's Town 480 leggers, making z 

total t>f . . . ^ . . . . 46B0 or above 6500 pipes, whid^, 
with the export of 6877 pipe8> brings 

Ihe cofisumption €>€ 1821 to 13,377 4piqpe$> if^viDg 

SB93 pipes m *e hands of ithe dealers. 

i2 



116 WHALE FISHERY. 

The consumption and the export have been neaHy the 
same for the last three years ; and there must probably be 
now on hand about 1 1,000 pipes, beyond the annual requi- 
sites. If this could be exported, yieklihg ^10. per pipe, it 
would add 1,384,873 rix-doUars to the balance of exports. 
The colony is capable of doubling its produce in wme, if 
consumption could be found : but five thousand pipes is the 
utmost annual consumption of the British market. It is 
jocosely said, that, in a fashionable tavern, if ypu order a 
pint of sherry, you may have a bottle of Cape wine gratis. 

It may appeal' to the reader that too much stress is laid on 
the importance to the Cape of this single article of export; 
but those, who are most alive to the interests of the colony, 
are convinced, that her progress mainly, if not wholly, de- 
pends upon the sale of wines.. It is in fact upon that 
alone, which is her natural producfB, that Great Britain can 
rely for the eventual payment .of an overwhelming mass of 
imports now unsold ; and it is on wine that die colony must 
rest, as the means of its future progress, long after that 
moment, when the infatuation of sending out settlers has 

g'ven way to a sober sense of the real capabilities of the 
ape of Good Hope. 

SECTION IIi; 
Whak Fishery. 

In point of interest the Whale .Fishery ranks next to 
agriculture and to vineyards. There are seven fisheries at 
the Cape of Good Hope. One at St. Helena bay on the 
northern coast ; two .in Table bay ; three in Simon's bay, 
and one on the eastern coast^in Algoa bay. 

A few whalers came out as Isettlers, and as they brought 
the necessary apparatus, it is probable that other establish- 
ments may be formed. Some years ago, the fisheries, 
being only three in number, were profitable, tp .those con- 
cerned. The price of oil was high in England, and fish 
were so abundant in the bays, that one fishery in Simon's 
bay melted down nearly as many whales as were taken last 
year by all the seven parties. The reverse now obtains. 
Fish are scarce in the. bays, ziqA oil. is at ^ low price in 
England. 

The whale fishery is a lottery, in which there are now 
too many tickets for the number of prises. When a tish 
makes her appearance, either in Table or in Simon's bay. 



WHALE FlSHERlr. lit 

the chase begins. The eagerness and rivalship of the con- 
tending parties, pressing forward to strike the fish, (which 
act gives ownership,) is so great> that whales arfe frecjiiently 
hunted out of tJie bay before they can be harpooned ; and 
the W^ole number taken the last season by thd seven fish- 
eries, amounted to no more than thirty-seven, and the ex- 
port proportionably reduced. The whales are principally 
females, the greater part of which come into the bays from 
June to September inclusive, for the purpose of calving. 
They are on an average of the length of sixty feet, and 
yield, on^ with another, about 14 leggers, or two thousand 
one hundred and twenty gallons each, of what is called 
train-oil, and 500 pounds of bone. 

There are none of the spermaceti, but an abundance of 
those csjled hunchback, or the fin whale. These are 86 
furious and active, that they are avoided by the harponeer, 
yielding each no more than about three or four leggers. 

The success of a fishery, when whales are in plenty, de- 
pends upon the skill and boldness of the harponeer ; and 
m a conflict with so powerful a fish, courage and skill 
are required. If the whale is approached too nfearly at tb^ 
moment of his fury, the boat is upset, or shivered by the 
stroke of the tail, and the rowers drowned, unless a second 
boat of their own party, for they hunt in pairs, comeft to 
their rescue. It is to be hoped, that, on such an occasion, 
the adverse chasing boat would desist, and give assistance, 
atid not, like the fox-hunter, gallop on with a ** hark for- 
ward," though he sees his friend in a ditch ; bat it is better 
not to depend on such help. 

The harponeer receives one hundred rix-dotia'rs, if he 
strikes the fish mortally, and the rowers in proportion; 
which makes the whole party share-holders in a degree. 

There are seals on the small islands on the east and west 
coast, and about eight thousand skins are, on the average; 
annually exported. The fisheries might be more ben^ificial 
to the Cape, if followed with diligence and enterprise^ 
The whale fishery is confined merely to boats in the bays. 
The catching and salting of smaller fish, which'are abun* 
dant, is almost wholly neglected ; and where there is such a 
harvest, indolence will not stretch out her hdnd to gather itw 

No ship ha^, as yet, been fitted out at the Cape for the 
whale fishery, althoBgh whales swarrii in the surround- 
ing seas in all directions. The foreigner sometimes fitb 



tl$ PRODUCf:. 

up Qu the co«st^ on tu( return from the soutbwsuxl; bu^ 
in tfaid region of ease wd idleness, unless fisk come into 
the bays^ offering themselves to the harpoon, a Cape 
fisherman will not go out to sea to take them. Fish for 
food and Cape brandy are acquired with so little expense 
and labour, Uiat necessity^ the parent of industry, provokes 
into action a very smidl portion of the inhabitants <>f the 
colony. 

SECTION IV. 

Produce, 

Aloes grow chiefly in the districts of Swellendam, of 
Oeoi^e, and the parts towards the eastern coast. The 
Cape aloes are not of the best quality, but the export not- 
withstanding appeared to increase in 1820, and added to 
the scanty list of South African productions. This demand 
has slackened in 1821. The export of this vegetable sub- 
stance would be augmented, if there was an increased de- 
mand, either at home or elsewhere, which is improbable 
under the present heavy duty. 

Of hides, and of goat ^nd sheep skins^ the export will 
grow with the slaughter necessary for an increasing popula- 
tipn> The turneries of Great Britain so greatly excel those 
pf Uiis colony, where oak bark is procnred with difficulty, 
$md where the bark of mimosas and other trees is fre* 
ouently substituted, that the chief supply of tanned lea- 
dier will continue to be imported from England, and hid^ 
and skins to be exported. 

There are fibout one hundred and ten thousand sheep 
find goats, aQd four thousand homed cattle, skiug^tered in 
the. Cape shambles alone, within the year. The number of 
akins which the Cape supplies, together widi the ii^rior^ 
will gradually increase into an object of importance. 

An attempt;, on a large scale, to salt and eiq>ort beef 
ftom. A)8<)<^ ^y^ where s^t abounds and cattle f^re fat and 
i^ap, waa made by individuals foUy competent to the un- 
ctert^ung ; but either from the inferiority of the article, or 
from too great rivalship in a foreign market, the plan ^led 
And was abandoned. 

Argol and barilla have baen malters of ejKperiment; but 
the price in Europe does not appeiir to afford sufioient tmr 
eouragement to pursue ^n object of doubtfal success. 



Of ivory th^e is a prob?bil^y of a cq^4^^Ui^ jqcrej^^^. 
The progress of the missionaries iii^o Xh^ ioterior^ be^pq^l 
the bqundari^ of the colonj, wh^ere elephants abpi^nd, 
aad the IViencUy ^l9Q^^r ia which they have been repeiyecl* 
vi^ill op^ii^ thrPMgh them, ^ Xr^^^ of bartef^ prodvicing a 
mwch greatef supply of ivoi^. 

As lo^g a& <^ti:ich feathery arq considered ^0 be an es- 
sential ornament ^o female grace and be^ty> a^d the pre- 
sent price continues in £ngl4nd> au in<cf eased export v^^^ 
h« ^peptfsd % ^Although th^ youiig and the g^y of eyery 
co}pur> c^i^fi|p9ing this variegated populatjouii ^puld cpp- 
tip^ue their Sunday parade througipi the greets of C^pe 
Town, dipcked in the spoils of the ostrich^, afjd apeing the 
f^ioni €^ the elegantes of ]L«ondon« 

Hors;es are Sfent to Jndja> and horses^ onL^n^ and sheep to 
MauritiujSi and St IJelena ; but the export of live stock is 
so preearious, that no dependance can be placed on its 
perni^n^ncy. 

Apricots, peaches, pears, and apples^ are dried in such 
a niaAU^r> as to preserve the taste of each until the next 
s^eaaon* The sun of South Africa acts on these frvita» 
when peeled and laid out to be dried for a jfew days, in a 
9»anner preventing either inoisture or flavour to e^ude^ 
This export, more considerable than would be supposed, i» 
l^ely to continue as long as fruit tarts are agreeable to 
eastern plates.* 

By what has been no>¥ stated, it is shown ^at the prin^ 
cip^l articles of exportable produpe to Europe appear to b^ 
\vine, whale oil, aloes, hides, slans, ivory, ostrich feathejrsji 
^rgol, and barilla, to which may be added M^ild' bea^ts^ 
and n^atural curiosities; to St, Helcn^^ pajl;5, whaJ^'pil, 
wheat, flour, barley, dried fruits, hay, horned cattje, s\(^fif!^ 
poultry, butter, soap» wine, and a few horses; to th^ Mau- 
ritius, butter, dri^4 fruity, hides, horses, w^ale oil, and 
y/'m^; to the East Jndies, hpr8^€;s, Cons.taJ?ti^ w^^^ 9p4 
i^ied fruitSk 

The quantity au4 anwM*^ 9f these e:^Qrl;s wUl appear in 
the list of Custom Hou,se Exports fpr 1891. (y^ppendi?;.) 

To th^ in^naf coiBw<^c;e pf th$ C^e there aip wi^^ 

. • There might be a con^defajble ex{^it gf ox and cow horns, which 
are ef an immense size; hut as they are lying waste in every coc»©r of 
the streets, an4 oil the sea shore, and as no |mmS than ^006 weKCP^oclfij 
in las H k may he cpadjidtd that it i!M» n^ fmif^ef jBSf^fyf^y* 



120 PRODUCE. 

dbstntctions, presented by nature in her most vi'aywarJ 
mood. The mountains and kloofs to be passed are so nu- 
merous and difficult; the rivers, without water when it 
would be useful, are at other times so swollen as to be im- 
passable, that the whole trade amounts to little more than 
what the boers can bring in their own horse waggon, add 
in one or two ox waggons, which being sent forward, they 
overtake on the road ; and which carry the means of ac- 
quiring clothing and such comforts as the value of their 
cargo may enable them to purchase. Inconsiderable as 
this appears in the abstract, it is important in the aggre- 
gate. In the months from September to February, y^hen 
wine and corn is brought in, a line of waggons from the 
country will make its appearance at day-break, extending 
some miles. After an abundant harvest, one hundred and 
eighty have been counted in a morning ; but the average of 
the month of January this year amounts to sixty daily. 
They enter the town through the market place, where, 
after payment of the inland customs and market dues, the 
sale of their produce takes place, under the regulations of 
the burgher senate. When sold, the waggons proceed into 
the town, to deliver to the purchaser; and if these are the 
waggons attendant on the boer, who has previously arrived 
in the town, and transacted part of his business, they are 
dismissed to the out-skirt3> on their return homeward. 
The boer having preceded in his own waggon, and begun 
his business in the Cape, adjourns to the neighbourhood of 
Hottentot-square, usually called the " Boere Plein." From 
his agent there, he gets iron for his waggons, cloth, linen, 
rice, tea, sugar, cofifee, &c. sufficient for himself, his family, 
and his slaves, until the next visit. His demands are in- 
creased or reduced according to the value of his -grain, 
wine, butter, soap, or tobacco ; and an unproductive har- 
dest in any or all of these articles, is not more to be re- 
gretted by the boer than by the dealers, or koopmen, as they 
are called. The boer is a most important customer, and 
when his consumption is reduced, which it is, when his ar- 
ticles sell for a low price, or are in diminished quantity, it 
is felt through every link in the chain. The wife and some 
of the children accompany the boer in these yearly or half 
yearly visits. It is a holiday not to be missed. The par- 
ties vender through Cape Town with the open mouth and 
stare of wonder ; and the news of the day, true or false, arc 



PRODUCE. I2i 

euerly swallowed aiid believed by these curious and ^ch 
dttlous visitors. After two or three days the party retuma 
home> with the superiority of having been at the capital, 
and deriving that sort of consequence in the neigbbout^ 
hood (if there be any) which the wife and daughter of an 
English farmer does, after going to a fair or to the races. 

The distance of the Cape Town from the northern parts 
of the colony is so great, and the impediments so frequent, 
that it requires six, eight or ten weeks for the out and 
home journey of a waggon, from the Snowberg, and in pro- 
portion for the less distant parts. The boer Kves in his 
waggon, and victuals himself and slaves for the jouiney 
before he starts. 

. With regard to the eastern parts of the colony, there is 
less difficulty. The journey to Graham's Town, the seat 
of the landdrost of the new drostdy of Albany, where the 
majority of setders are located, would require a six dayv 
constant ride on horseback, and fourteen in a waggon ; b«rt 
the trade is carried on by coasters to and from Table B^r* 
The settlement of so large a number of colonists on the 
eastern parts, has had a powerful effect on the coasting 
trade; and. as it has happened from untoward seasons, -that 
the settlers have had nothing upon which they could de- 
pend, except the supplies from the Cape Towrt; wine^ 
coffee, sugar, rice, ted, brandy and flour, wheat for con- 
sumption and for ^eed, are in constsd:it, and it may be said 
daily, pa6sage,>from Cape Town to Port Elizabeth; and a 
coasting tonnage, which in common course wouid> haye re-* 
quired years, has been created by the circumstances of two 
seasons. The returns to the Cape are rix-doUars, circu- 
lated on the frontiers by the pay of the army ; aloes, butter« 
soap, tobacco, hides, skins, ostrich feathers and ivory, which 
are taken to Port Elizabeth and there shipped for the Cape. 
Vessels clear out from the Cape to Algoa Bay and Isle of 
France, or elsewhere; to the east; and in such case, they fill 
up with butter at Port Elizabeth, for the Mauritius market ; 
but ships are not allowed to land foreign cargo there, with- 
out first coming into Table Bay or Simon's Bay, to report 
themselves and pay duties. 

The Port of Elizabeth is not as yet important enough 
to require a custom-house establishment, but an officer is 
stationed for the purpose of preventii^ illicit trade. 
. Notwithstanding tbe various accounts favourable to Algoa 



129 caiiAfM«i. 

Bfi|r# whick Jmiiw b<#tt cmrf^ 9lfif^ Ikfi ^iftl ^ die t«l- 
lion* tbo9^» wbo» from th^ prftf^Uqe of yeai:^^ we be^t m>- 
qttujntad with tbe ctast^rp b^s of South Africa* agree i« 
sta^Nig them to be haTurdoua in all, aad dangerotts in aoaaie, 
aeasons ^ the year. 

The KnyfQa^ whep a «hip Qnce gels m, is allowed to be 
im^tly safe and secure ; but it can poly be entered at 
particular times of tide, and under the direction of a pilot. 
Ko ship would dare to be so near the shore, and if driven 
thwe by the sale, would not risk the passage into the har- 
bour^ The Knysnai therefore, can be only considered as 
a 6n&-weather port for coasters, to take in timber or pro- 
duce, and for no other purpose whatever. 

Mosselbay, although the anchorage is on better ground, 
m c€ the ^ame character as Algoa Bay. The frequency 9»d 
foitce of th^ south-east winds bearing upon the shore, ren- 
ders the stay there perilous, though not so much so as in 
ik» other eastern bays : but a vessel in the coasting trade 
aboiinds in luck» if sooner or later she does not suffer most 
severely. 

The tonnage of merchant ships in the tirade between 
Port Elizabeth and Table Bay, during the year ljB21, 
amounts to 1962 tons, employing 2Q0 seamen; exdbisive 
^ the men of war and of the government brig Locust| 
almost wholly engaged in carrying up stores for the army 
p» the frontier, and government supplies to the settlers. 
With regard to the home trade, by which every nadon in 
l^rope is gradually improved, it fiiuls its place in the C^pe 
bWtory only in the supplies to the commissary, tQ the 
Indian^^ and to the missionaries. It has been shown, that 
)vl^n conyerted from rix-d<dlars into bills on £ngland>^k 
9isfiiits in the payment of the imports. Whatever is not so 
C^N^v^ted exhausts itself in clothes, furniture, food, or 
other per«ona}s; but in the present state of the Cape Aere 
a»n be very little aocumulation of property. 

SEPTJPN V. 

Commerce. 

Tub tonnage of vessels arriving in Table Bay and S^non's 
Bay, during the year I Ml, ex(^sive of 4he transports and 
m^ of war, amounts in ^ former lo ||6,447 tons, «nd in 



tba Iptter to I6,m Uin^ making » tot»l of ^UTI^if M 

In Table Bay^ for Ile/r^9hmeut$ oiUi/^ 

British v^9el9 19,759 

Dutch S,308 

Danish 036 

French 1,379 

American 

Portuguese ......... \fiSO 

For the purpose of landing pari Cargo. 

British vesfteU from the eastward , . I0fi76 

from the westward . . 4^191 

Dutch vesseljs ..<...,•• ^ 1,040 

Freocb •...,...,,. 319 

For the purpose ^ landing entire Carge. 

British vessels from the eastward . .• 4,OpO 

from tfce westward . , 6^48g 
Vessels with cargoes from Xhe differ^pt 

parts of this coast • .. * ^ , . ^ 4,507 



56,447 



Simon'« Bay, for Refreshments, 
eoxlusvve of Men of War. 



32 Eogbsh sUps, I French, ^ Dutch ,. U^VJ^ 

Total . , . 71,719 



'fi'tyi j » 



The tonnage of 1820 exceeded that of 18£1 ; in wliioll 
latter year, the Cape lost much of the supply to St. Helena, 
after the deatli of Buonaparte. .A judgm€fitfl(M^4>^;ffrmed 
of the hngportamce of th^ detention of Buonaparte <o the 
Cape interest, by inspecting the custom-house valuation 
(Appendix) of the colonial aud other exports to St* IJelena, 
exclusive of presents, ships' stores, stock for the passage, 
stock really for sale at St. Helena, shipped as stores, all of 
which will be under-estimated at one-eighth more : — The 



lu 



COMMERCE. 



colonial and other produce entered at the customs form* 
the sum of 347,697 rix-dollars 

To which add l-8th (unentered) 43,462 1 

And supplies to the navy, en- 
tered also at customs , . . 165^544 2 

Rdrs. 556,703 — 

The whole of this payment was made tp the Cape in 
Spanish dollars or in bdls on England,. and the coQtinuation 
of this description .of commerce would haive been most 
important in its effects. Produced from the soil, worked 
by the hand of man, it is in its nature the most beneficial 
of all possible exports. 

The salubrity and healing powers of the Cape climate 
attract invalids from India, whose expenses in the colony 
are paid by bills drawn on India and England. In the year 
1821, these bills were of the value of 700,000 rix-dollars, 
which being expended chiefly in the personal expenses of 
the individuals, in travelling, in the purchase of horses, in 
meat, drink, lodging. Sec. are clear profit to the colony, and, 
like the export to St. Helena, generally compounded of 
land and labour. 

The commissariat bills on England, for the ordinaries 
and extraordinaries of the army, form another valuable ar- 
ticle of export.' Bills in sterling on England producing 
1,932,855 rix-dollars, (including Spanish dollars at 20 schel- 
lings,) have been issued from the commissariat, and pur- 
chased by the merchants for remittance. A standing army, 
so frightful to the friends of freedom^ is most welcome 
here, provided it be paid by Great Britain ; and there is 
no colony where a large force would be hailed with such 
rapture as at the Cape of Good Hope. 

The exports from the Cape of Good Hope (Appendix K.) 
to all parts of the world, appear by the accounts of 1821, 
lo be - 

Rdrs. 

In colonial produce 1,741,035 

Not colonial . 271,090 

^ 2,012,125 
Add 10 per cent, profit on sale beyond 

expenses . 201,212 

Carried forward . . . 2,213,337 



COMM£RCE. 195 

Brought forward . . • £,213,337 

Bills from Indians 700,000 

from commissary 1,932,855 

from the missionaries .... 75^000 

Totel exports, Rdrs. 4,921,192 
The imports from all parts are valued at the custom- 
house, as per Appendix H. at . . . . 6,060^222 Rdrs. 
To which add 10 per cent. jM'ofit to 

be remitted 606,022 

Making a Total of 6,666,244 

There is, therefore, an excess of import over export, in 
the year 1821, of 1,745,052 rix-dollars, which must be dis- 
charged by some means ; and granting that the commissary 
may draw, in 1822, to the like extent as in 1821, nearly tl\e 
whole of his bills will be required for the arrear ; not taking 
into account the imports of the current year, for which pro- 
vision ought also to be made. 

Total exports, according to the custom-house account 
for the half-year from 1st January to the 30th June, 1822, 
amount to "^ 2,737,096 Rdrs. 

Total imports, from 1st January to 
30th June, 1822, amount to ... . 4,127,310 

There is, therefore, a surplus import of 1,390,214 
To be added to the surplus of 1821 . 1,745,052 

tf- 

Which makes a total arrear of remit- .* ^ 

tance duetto England amounting to . 3,135,266 Rdrs. 

*■ — ^__-_._^_ 

The total value of com and rice im- 
ported within twelve months » amounts to 1,029,785 Rdrs. 

The acts of the legislature in the year 1813, and of 1820 
and 1821, to which reference was made in the first chapter, 
were considerable boons for the liberty of trade, and for 
the importance of the colony ; but in whatever way they 
may operate as ''to the future, they have, in truth, greatly 
added to its present embarrassments. The spices, the 
silks, the muslins and manufactures of the east, have been 
in all ages and by all nations sought after with avidity. 



126 COMMfiKCE. 

They gratff^ the palate and adoin the person, and to a South 
African they are irredstible: but, unhappily, the dolony 
produces nothing acceptable in exchange for them^ and 
they can be purchased only by the bills which the Cape 
receives from the visiting Indians, and by bills of exchange 
on England. 

Computing rtie East India goods imported^ exclusive of 
Mtturftmsy at one million rixKlollars per annum, there will 
be, beyond the Indian biMs, an addition, required of 300,000 
rix-doUikrs, for rennttance and prompt payment, which must 
be taken from the bills of the commissary on England. If 
eastern imports were to the Cape materials for manufac- 
ture, or to be re-exported in an improved and more finished 
allite» affording profit from labour, it would benefit by the 
employment given ; but the whole consist in articles to be 
eaten, or in dress to decorate the person. The passion of 
the colony for dress, and for all the enjoyments of luxury, 
surpasses its means; and it is too true that these indulgen- 
ces are now really purchased at the expense of withhold- 
ing the paymAnt of the large and increasing debt due to 
England* 

In the year 1818 and 1819> when the price of wine for 
export at the Cape was nearly 200 rix-dollars per pipe, 
including the cask« and the amount exported in the two 
years excee d ed , in custom-house value, three millions and 
one half rixniollars, exclusive of the expenses and profit 
on sale, it is lot to be presumed that there accrued 
much u n sa ti s fied debt in England ; but there is little reason 
to doubt that the short payments of 1820 equal those 
of 2691 ; which leaves, provided all former debts were dis- 
charged, about three millions and a half rix-dollars, due from 
the colony to the mother-country. The whole of this 
arrcfar has not vanished into air. The merchandize on hand 
is in co n s i d er a b l e quantity. The aggregate of plate, linen', 
fimiiture, and other moveables, now collected in every 
house in the colony, is of great value. The boer has 

S "elded to^ the force of example, and the very best European 
rniture is found in the distant farms of South Africa. In 
Aese things does the boer now vest any superfluity of rix- 
dollars ; and this is his fund, to be divided, at his death, 
amongst his children. 

The evil appears to be, that the Cape colony is in un- 
usual and hacassing distress for remittance, whilst it is in 



€OMM£ltC£. \^ 

iinbottiKted ettjoyinebt of ril that contributes to tlie per- 
sood comfort of than in society. 

The Bast India Company has, by the courtesy of the 
place, and by the farmer devoted habits of the Dutch to 
all ^at rehted to the East Indies, been held in high and 
distinguished honour. Whether their proceedings and con- 
duct towards the Cape affords to them a just title, may b^ 
toiatt^ of doubt. GNsnero^s and liberal masters elsewhere, 
their dealings here have been of a different nature. Theh* 
paltry retail sales, by vendue, are not guided by demand anA 
supply ; but the agent Axes the minimum, and beyond lliat 
price the buyer must advance, be it what it may ; and flie 
value of tea, which is become an article of first necessity 
to tfce boer, is guided by the moderation of the agent. 
Since the death of Buonaparte, the amount of the Indra 
Company's sales must now eventually be remitted in bills 
on England ; during his life, it was expended in the sop- 
plies to St. Helena, but it now comes forw^ard again to ag"- 
gravate the course of exchange, by the biddings against th^ 
merchants. 

iThese evils might be compensated if the company wete 
disposed to urge the sale of Cape wines in her India 
^staMishments, in the hospitals, or in the army ; and to 
■show some disposition of favour towards a colony, frotfi 
which she has drawn such important advantages, both in 
peace and war. As it is, her monopoly of the sale of tea, 
and other things from China, to this place, is highly detri- 
mental, swallowing up the commissariat bills on England, 
ifi exchange for a breakfast of dear and ordinary tea, fok* 
-silks, calico, muslins, and nankeen : nor is it overcharging 
the picture to assert, that the trade most destructive to 
the interest of this place, is that of the East India Com- 
pany from the dominions of China, as now carried on. 

The rate of exchange on England appears, as per 
Appendix I. to have advanced gradually, or suddenly, ac- 
cording as it was affected by the circumstances of the daj. 
The great export of wine in I817> assisted by that of 181$ 
and i8l9, and by the export of wheat and wine in 18120, 
operated on external remittance, but its effect was destroyed 
by the large importation of wheat in 1821-22. The im- 
port of rice, wheat, and flour, this year, absolutely requireil 
to prevent famine, will create such an excess, to be paid fcfy 
bills on England, that it sets at a distance all rational hope of 



126 COMMERCE. 

a favQural^e abatemeMt in the rate of exchange^^ich U now 
at a premium of 195 per cent. ; and as }6ng as the present 
amount of Cape paper-^currency remains in circulation, and 
the balance of external payments is so heavy against the 
colony, ^any amelioration appears to be hopeless from 
common causes. If some measure, powerful enough to 
deliver the colony annually from its growth of wine, be not 
brought to bear at an early moment, by the British govern- 
ment, the mother-country must lay her account in the 
loss of a great part of three and a half millions of rix- 
4oUars remaining due. No means w^ill be found, but from 
an application of the current and future investments for 
the payment of the past ; leaving the new arrivals to take 
the situation of the old debt. The gradual progress of the 
Cape in population, both from natural causes, aAd from 
settlers still arriving, (for man, like a ship in distress, wiU 
seek any port,) requires a continued importation of articles 
of first necessity and of general consumption, fully equal 
to the means of remittance ; and there is no hope from the 
savings of the days that are past. The Cape, pampered 
by British capital conveyed to her in merchandize^ has, 
during these last five years, exceeded the fruits of her 
labour and industry, in the expense of horses, equipage, 
dress, high living, and the enjoyment of foreign luxuries ; 
and, like other spendthrifts, deplores, in a more advanced 
stage, the disquietude and distress brought on by these 
earlier follies. 

In the view of remitting something to keep up and 
create fresh credit in England, the merchants eagerly coi>- 
tend at the biddings, by tender, for the commissariat bills. 
The quantity of rix-dollars in circulation, and the abun- 
dance received for a sale of goods, enables a merchant to 
vie with his competitor, in the number of them offered for 
each bill of one hundred pounds or more. When the rix- 

• The truth of this observation has been unfortunately shown by the 
wrecks, within a month, of two free-traders, homeward bound, the Fame 
and the Sarah. Cargo saved to a large amount has been sold for 
•xportation, and fumtshing means of remittance in produce to England, 
has lowered the exchange 50 per cent. ; and from 200 it has fallen to 
150. Allowing 25 per cent, to remain at the Cape for expenses, 75 per 
cent, win, some months hence, go into the market to buy government 
bills for the insurers, and again operate on the exchange; but it plainly 
demonstrates the eflfect, which an increased export of produce wonlcL 
haya on remittance. 



COMMERCE. 129 

(k)Uar paper/ cannot be convertecf, at sight 4r at date, into, 
money, at the place of its issue, and acts as tiie medium to 
purchase biHs, which can be so converted- in England, there 
can be no surprize at its depreciation, where so much 
remains to be remitted; without looking for other <:attses, 
acting so powerfully at the same moment. It must not, 
however, be concluded, that the exchange operates in the 
aame' excessive manner on all colonial expenses. The 
counteraction of an ovei^supply, and the necessity of sell* 
ing at' some price, has reduced European articles below 
their actual value. Bread is dear from the effect of blight, 
and the imprudence of the exportation of com. All other 
artitlea of food are at a cheap rate. Cape v^ine is tit less 
than half its former value ; but wine has increased in quan- 
tity, within the colony, as fast as the debt to England which 
it was expected to pay. The distress of trade has lowered 
the purchase price of land and of houses ; and those of 
fixed certain incomes have found rather an improvement 
than reduction in their means of living ; but the number of 
these is small compared to the real sufferers. A late cir- 
cumstance has taken place, which, it is hoped, may, in the 
course of time, assist in removing the mercantile distress 
of Cape Town, The order of council* of July 12, 1820, 
allowed the importation of foreign produce and manufac* 
tures, except woollens, cottons, iron, and steel, into the 
Cape, horn nations im amity with Great Britain, provided 
the same permission was by them given to. the Cape trade. 
The privilege of bonding has beien added, to goods coming 
from the eastward in British ships, and of being (exported 
duty free; The spirit of the British order in council i» 
wet here by a government proclamation, extending; the 
right of bonding, without duty, to foreign vessels, provided 
they export . two^thirda of the bonded value in Cape pro* 
duce, or m goods legally imported and bonded. Already^ 
bas oJke ship availed herself of ^e permission, 9^ for the 
first time since the war, will Cape produce and wipe depart 
in a fooeign ship on the bonding principle. 

If Great Britain wisely follows up the order of July 12, 
1820, by another, proclaiming Table Bay a real free 
port, admitting) on bond for transhipment, all the commo- 
dities of the world ; and the India Comj^ny, or th^ capi^ 
talists of India or England, will form a dep6t of East 
India goods, efpial and adapted to the supply of the- Ame^' 



130* COMM£EC£. 

rican market^ at a reasonable per centage ; and more parti* 

cttlarly, if the honourable Eaat India 'Company ^taking into. 

their serious consideration the falling state of the Cape, 

would, in kindness to their old customer^ form an extensive 

dep6t of tea ; a majority of those American veaseli^ <Mri^ 

ginally destined for Madras and Bengal, will, it is believed* 

limit their voyage to the Cape of Good Hope; where, hi 

the case suggested, they would combine with the India 

tmde, the advantage of the tea and China trade, without 

the risk of a China voyage. These measures would givie 

veat for the increased export and consumption of C^pe 

wine. Twelve thousand five hundred and eighty pipes' of 

wine were exported in the year 1817 to England. The 

Cape, it has been stated, can more than double that quanr 

tity ; and whenever an export for twenty^five thousand pipea 

of wine is found, the Cape wiU be removed inom the stat^ 

of a poor and needy colony, into a more opiJent and punc^ 

tiiid paymaster of the manufactures of Great Britaiuv 

It will be |;ranted that Cape wine is not of superior 

quality ; but it is wine of «tFengtli, and not ill adapted fov 

the. American market. Let it be sold at a low price; but 

let this, the only important produce which can be aug^ 

mented to almost alny quantity, be sold at some prices 

There, are two lines of dealing amongst merchants, eidier a 

large return, jit a small profit; or a smi^ return at a 

greater* The nature and quality of the article requires the 

former to be adopted here ; and if it will not produce «£l5 

per pipe» Jet it produce £\(k All Cape duties on the 

maport of bsandy, on staves and pipes, and nsarket dues, 

should ba taken ojfF, and every endeavour used to kee^ 

down price, and bring Cape wines into export, and int# 

the cottsumpUon joTships, attracted by the mierchangei of 

coBoumodities in a free port. A relief should be ^vcn^ as 

far as relates to the Cape, from those clauses in the Easl> 

Infdia Tr<ade Acts, prohibibng the import to Great Britain 

of India goods, in eAiips under 350 tons. By this clause^ 

the Cape, after having procured goods in ships of its ow«^ 

under SoO tons, is oompdiled to widihc^d them from export 

until a ship arrives in port of ^^bove 350 tons. I 

A Cape ship of 200 loins, more or lefes, might go iuto tba 

East India docks ; but because the Cape, for the purpose 

of a bdneficiulexiteasioB of irade, hts been included wilUv 

the^Umils.of'tbe East India Company's charter, is it reason-^ 



\ 



COMMERCE. 131 

ttble that she should have the boon diminished, and be de- 
barred the right of beins her own carrier of the goods when 
acquired, and of employing her own vessels in the passage to 
England? 

The whole of the Cape trade may be said to pass through 
Table Bay. Many remarks have been made on the insecu- 
rity of Table Bay as a port ; but it must be stated, in its 
defence, that no man of war, since the capture, has been 
driven on shore by the winds; and of the merchant ships 
which have been stranded, the greater part were badly 
found. The Sceptre, which went on shore in the 9th Nov. 
1799» is no proof of the insecurity of the bay in winter, as 
it was stranded in the summer monsoon, when Table Bay is 
accounted safer than Simon's Bay ; but a hurricane will at 
any season, and in any port, put ships to risk, and even de- 
stroy them.* It must be allowed, that the north and north- 



* Cape Towif, Satunb^, %7th Jufy, 1839. 
It 18 our painful task to record the most violent gale ofwind this colony 
ever experienced, the effects of which have been most latal to the shipping 
in Table Bay. It had been antecedently remarked, that the north-west 
p^€B, akhougfa very severe, and bringing into the Bay a tremendous and 
daageroas sweU^ yeit, that they lost much of their terror, from the shortness 
of their duration ;-^this remark has not proved just in the present unfor- 
tunate instance. On Thursday, the 18th, it was new moon,— -the wea- 
ther changed suddenly with it ; it had been remarkably fine for several 
days, but Friday morning was ushered in with cloud and rain, and with 
eveiy appearance of a gaie coming on ; the weather, however, continued 
in the same state, during the whde of that day ; — the following day, Sa» 
turday, the gale was very severe,— in the afternoon, the ship Ro^al George^ 
Captain Powditch, last from Van Diemen's Land, went on shore close to 
the jetty ; — at night, the brig Adriaticy Captnin Rutter, shared the same 
]bte,^i«-a8 did the Coloring Schooner, Good Intent :^^^e barometer was 
as low as 89' 60", at tw« o'clock on Sunday morning ; the violence of the 
wind was then excessive ;— and at day-light« on Monday morning, the 
four following brigs were lyina on the beach, between Craig's tower and 
the castle, viz. — uUve Branchy Captain Kind, — 5an, Captain Murray, — 
Laviniay Captmn Keith, — ^and Leander, Captain Middleton ;— most for- 
tanately, not many lives were lost; — but we have to lament Captain 
if i«hile«oi», of the LamSer, who was drowned by the upsettmg of tfaa 
boat, ia which be had left the wrected brig. WiUiam Brown, seaman, 
•f the Leander, met a lika ftite, as Ad James Oraham, seaman, of tlM 
brig Adriatic, The ship, John Fahikr^ drove veiy cloee to shore, but 
fortunately brought up, and is at present safe ; — the following brigs rode 
the whole of Monday at single andior, ^though the weather was scarcely 
More moderate, viz. Brou^um, Marianne, Neiem, and BfNet.--*Tbe brigi 
Arethmio, Travis, aad Antelope, kept then* ground. The gale aba ta t 
somewhat on Tuesday, but it blew again with astonishing violence^ m 

k2 



13fi gomm£iu:e. 

west ^ind in tbe winter monsocm, duria^ July and AnigilHlr 
jbrings in a heavy sea, and that, if anchors drag, and ^ble» 
part, the safety of a ship is in extreme hazard ; particularly if 
reliance be placed on a chain cable, which, from some cause 
or other, fr^q^ently snaps asunder in Table. Bay. 

The formation of a mole to protect the fihips at anchor 
in Table Bay from the heavy seas, and swell of die north- 
west monsoon, has been long a point of discussion aittongst 
individuals anxious fpr the prosperity of the Cap^. Tb^e 
plan and sketch, here annexed, are supplied by a qivil.ser* 
vant, whose zeal and abilities. have been, for many years» 
exercised most beneficially for the colony, and honourably 
to himself, in the duties of a high and important station. 

The sea, which occasionally rolls into Table Bay during 
the winter monsoon, has given to this harbour a. character 
highly injurious to the interests of t)ie colony generally, and 
to those of Cape Town (the principal port) in particular. 
The bay is not by any means so dangerous as has been re 
presented. Kobben Island, althongh eight miles distant, 
protects it very considerably, and experience has shown 
that, in the most severe weather, large vessjels, which, of 
course anchor, at the greatest distance from ^e shore, find 
an outdraft contributing so essentially to their safety, that 
they frequently ride with their cables slack in the heaviest 
north-west gales. It is not to be doubted that a mole, 
similar to those which protect the harbours of the Mediter- 
ranean, would render the port of Cape Town equal in safety 
to any in the universe, as may be seen by inspecting the ac- 
companying sketch. 

. It may be observed, that the expense of such a measure 
rendered it chimerical, and that the trade and importance of 
this place, previous to passing the late acts by which (5om- 
mierce is enlarged, did not justify entering into such a 



the night between Toeeday and Wednefidayy wheri rain fell in torrentsi 
Aftmacb damaee has be^n done on shores a$ in the Bay ;->.«ni«nv stx>i'i9ft 
in Cape Town nave fallen in, rnuinibeEs ei' booses art sdriiiusly loiin^d^ 
aod.in th» vicintly of toxvn,the injory individuals have sustained^ is to a 
fery great extent: the number Qf houses, and stories seriously damaged^ 
amount to 69. 

' From Wynbei^ toC«pe Town, there are scarcely eny premises which 
hav«^ not ftuiSefed> and some most seriously ( in the fbeain time, tike latest 
iMI^rfr from the easjtem districts contipue to coikiplainof wanjh ui caioy 
md of th« parcb^ slate oi' tli9. feoiL — C«^c 2W/i OazeUi. 



COMMEltCE^ 133 

selieme at the period of lime when the naval arsenal was re- 
moved to Simon's Town, aud all idi'a of making Tabk^ Bay 
the winter as well as stimmer port eutiiely abaniloned. 

A D^inute investigation of the circnmstaiicea of the place, 
may dis^aipate probably ihu above objections* I'he deptli 
of water is not considerable* and the distance from the Atone 
quarries of tlie Lion's Hill favours an opinion of the pfac- 
ticability of the plan at an expense trifling when compared 
to the benefit that would accrue. 

• From the stone quarries to the Chavonne battery, there 
is an inclined plane of not much more ^han 400 toises ; a 
railway laid for this distance would' facilitate the transport 
of the materials for this construction, requiring nothing ad- 
ditional but being cast into the sea. * 

The colonial government has always nearly one hundred' 
banditti employed in quarrying at Robben Island, who 
might be preferably employed in this work, which would 
require no other expense than that of the railway, and of 
proper persons to direct an.undertaking of such importance. 
The stome of the quarries is of the best kind,, and m^ be 
raised in blocks from two to three tons. The Amsterdam 
battery would afford secure barracks for the ];nen employed 
on the work; arid the excavations, with a very slight degree of 
laboui[, m^ht be formed into reservoirs pf water for the sup- 
ply of Green Point, where it is. much wanted. 

The Chavonne battery would form a t^te (le « pont foe 
the protection of the mole, and a battery at the end of the 
mole would, with Fort Knock, afford security to the shipping 
anchored or mpctred in , the inner harbour. This, mole 
would be of the length of a mile and one quarter, and com- 
prise within it depth of water for ships of the line, and fri- 
gates. The expense, may be computi^l at one million rix- 
doUars, which, without asking assi^ance from England, 
might be gradually raised in the Cape by debentures bear- 
ing an interest of 6 per cent, both principal and interest 
secured on the port atic) MfharCage dues, now annually pro- 
ducing forty thousand rix-dollars ; (and which, for such an 
object, if judiciously impo^od,. m%ht be doubled in amount, 
without unreasonable pressure ;) paying the annual interest, 
apd leaving a surplus, of rthirty thousand rix^oUars for the 
graduale);tipctioa.ofithe million of capital. i 

The longitude of Simon's Bay was ascertained by the mean 
of twfenty-eight liuiar observations.. The timepieces gave thtf 



134 COMMKBCE. 

same longitude exactly upon their arrival from St Helena, 
and they again showed ttie longitude of St. Helena, upou 
their arrival there from Simon's Bay. It was necessary to 
ascertain the longitude of Simon^s Bay correctly, as the 
undermentioned ^places on the coast were chiefly deduced 
by timepieces from it, by Captain Wauchop, of liis Ma- 
jesty's navy. 

Latitude. Lvi^^Mcv 

Simon's Bay ... 34^ ^ South. IS^af Q'Ei^st. 

Cape of Good Hope • 34^2 18 23 9 

Cape Hanglip ... 34 £6 18 44 18 

Cape Agullas ... 34 48 20 4 

River Knysna ... 34 15 5 23 3 l6 

%^t!; }•**«» « » .4 

Ami by Wm. Long, Master of the Colonial Brig Locust. 



SaMaoha Bay, 
entrance 


}■ 


33 5 


17 58 


Dassen Island . 


. • 


sa-flo 


18 2 30 


Lion's Rump 


. • 


S3 58 


16 ^ 


Hout's Bay, ) 
entrance i * 


• • 


34 6 


18 30 



By tie Bev. J. Fallowes, Astrofwmer BoyeU at the Cape. 

Theiatitude of Tiger ) 
Hill« at the most V . 3i3 63 SoMtb. 
elevated east point } 



SECTION VI. 

Custom-House. 

All imports into die Cme are liable to duty. Tht 
produce and manttfsctiires of England are rated at three 
ai|d one quarter per cent oa the iavoioe price. Foreign 
gQ^s« aM those Arofli the East, «rt charged wkh a duty ef 



CUSTOltt-HOUSy. 13^ 

ten per cent, on the value^wted^er hroughl ia a Bti^tisli 
Tessel, or in one of a nation in amity with Great Britain. 
^ The growth of foreign trade^ aod of that from Indii^ 
since the acts of parliament and orders in council opening 
the eastern and foreign conynerce, has. added greatly to the 
business of the Cape custom-house. 

The abundant importation of eastern produce, so grati- 
fyii^ to the col^iial taste, has, through the consumptioit of 
m increased number of inhabitants, and a more prevailing 
indulgence in all classes, added essentially to the payments 
into this o&£e by the above-mentioned duty, on the direct 
import m 1821^ from India, of the value of 1,572>000 rix-' 
doUars. 

The gross receipts of customs in 18£1, and of the officea 
eonnected with it» amounted to 513, 198 rix-doUars 5 schel- 
Ubgs, beiag a greater sum than that produced by any other 
depftrtnent, or by the custoBis at any former time. 

There is no credit given at the office to the merchat^ 
and the money received is daily paid into the govemneal 
bank. 

There is a collector and a comptroller of cu^oms, whose 
tides maHL the nature of their functions; bothlabonousofficesu 
Informing the same duties as in London, and other Eng-t 
Itsh custom-houses. The cash department, and the gene- 
ral guidance of the office, belongs wholly to the collector ; 
wA the statements and accounts seem to fall chiefly ii^ 
that of the comptroller. The office hours of both are fraaa 
nine till three daily, widi the exception of only nine holin 
dajFS in the year. 

Every act of the collector requires the approbation and 
signature of the comptroller, so that the attendanoe of both 
these officers ia daily and constantly required. 

The departments constat of collector, comiptroller/ each 
with a chief and one second clerk, a warebouae-*keeper> 
tide-surveyor, and a messenger. On the wharf, a chief 
searcher and derk, and five tide-waiters. 

The collector^ comptroller, and chief searcher, are trean 
sury appointments; aU the others colonial, and removable 
by the Cape government. 

In Simon's Bay there is a collector, comptroller,* and 
three other officers, acting as clerks, seardiers and tide^ 
waitmiB, all of whom are appointed and removable by the 
cciowiBi government.. There are o& feei of any deteriptieft 



136 CUSfOM-HOUSE. 

received for their own use fc^ the principal or inferior offi- 
cers of customs; no candle-ends nor cheese-parings — all 
goes to die colonial government. 

SECTION VII. 

Port-Office. 

This department consists of a port-captain, a d^puty- 
port-captain^ a cockswain, and boat's crew, andanpfficer 
of health. 

Both English and foreign vessels pay two schellings |>ier 
ton, measurement, for the use of the port, if they land the 
whole or any part of their cargo ; and one schelling per t?on 
if they do not. ' * 

Every vessel on coming into harbour is boarded bj^ the 
deputy port-<;aptain, who on his^ return communicates in 
writing the name, nation, and all particulars respectmg 
such arrival, to the secretary's office, to the costom-*hoiise, 
and to other publk departments. 

It i& the duty of the deputy port-captain to point out the 
pf^^er situation for anchoring and mooring ships as they 
arrive, so as not to interfere with each other, and to take 
care that all the regulations of the port are duly observed. 

In his first visits to the ships, the port-captain is attended 
by the health officer, a mo9t important servant of the pub- 
ht* Apprehension and alarm on the subject of snia)l-p4x 
and measles, wherei there is a slave population so numerous 
and valuable, is uppernHyst in the mind of the Gape-Du«i:ih 
inhabitants, who are the chief proprietors. Some years 
ago^ thrbugh want of due caution, the measles were intro- 
dttced, and 4,000 persons are said to have fallen a pt^j to 
that fatal disorder. Latterly, the small^pox' was brought 
by^ slave ship, under circumstances, which, if true,:ar6 in 
exact conformity with what might be expected A-om'^e 
cruel and debased mind of the master of a slave ship. A' 
Portugueze ship, legally trading from Mosambique, having 
a cargo of slaves infected with small-pox, caihe into Table 
Bay for refreshment. Government has at all times shown 
a laudable anxiety to prevent this description of vessel from 
being supplied with more than necessaries to preserve the 
unhappy victims of avarice, during their passage to the 
Brazils. Having received a refusal of something -he fc'- 
^liHred; the bfute who commanded contrived out i^rev«i^,' 



PORT OFFICE. ; l$7 

hy ii%litly visits to a captured slav« sUp tben Ai port, io 
communicate the infection, wbich, on landing the prize 
sliaves, spread through Cape Town. By the precaution of 
shutting the barriers against strangers, and by strict quaranr 
.tine erf every infected house, and by universal vaecinatioi^ 
the disorder was subdued, wkhout spreading into the inte- 
rior, after the loss of about one hundred persons, chidly 
staves. 

Thet arrival of the transports with settlers in 1820, and of 
two regiments in 1822, under symptoms of measles ^nd 
Bmall-pox, has afforded another proof of the necessity of a 
jstrict maintenance of the port-.office establishment; as, on 
this occasion, the. distress, which would have fallen on the 
inhabitants by the introductioo of these dreadful maladies, 
was averted by the care .of .the. health officer. 

The officer of health must be always within call, and 
prepared to go on board in. the calm or in the tempests He 
ought to possess conciliatory manners, with a firm mind. 
It is his duty to overawe the unruly, and to conciliate thti 
more moderate, to an endurance of remaining on board 
under quarantine, after a long voyage, within a few hundred 
yards of an inviting shore, themselves in perfect health. 
He is to show the violent the evil consequences and penal- 
ties of resistance to government, and to console the obcdjeirt 
by the hope of being soon released from their watery im- 
prisonment — above all, he is to b<' watrliful nud cirruni- 
spect, and not to be lulled into carelessness, or deceived 
into an assurance of the healthy state of a ship. He is 
himself to view all and every thing, for on him rests the 
care of the public safety. 

This important and vitJil duty is expected to be faithfully 
performed by some skilful professional gentleman, at an 
annual salary of six hundred rix-doUars, Cape • currency, 
which are forty-five pounds sterling British money ! ! ! Can 
this be reckoned in the number of the extravagances of the 
^salaries to the Cape establishment ? 

SECTION vm. 

Wharf-Master. 

.' This is an ofllce under the control of^ the ^iistoriisr, 6f 
late creation, but loudly called for. by the necessity of the 
case. The' public >yharf for landing goods was in such' a 
desperate state, thaf it was unsafe for passengers' fiom the 



138 WHAEF MASTER. 

•kift to be pwt OB shore, and hesr j merchandize wa» dia^ 
charged from the boats upon the wharf wkh diflfculty an4 
danger. A dispute arose whether the wharf was to be 
repaired by the colonial government or by the naval de* 
flurtment, whose guns and stores, landed during the war, 
ted been a principal cause of its decay. Fortunately, thfc 
removal of the estaUishment to Simon's Town settted the 
question, before the wharf entirely gave way ; and the colo- 
nial government appointed a wharAnaster, whose duty it is 
to provide for the repairs of Ae wharf, and to furnish 
tacklii^g sufficient to hoist upon the quay, or to loveer into 
the boats, packages or casks of any dimensions or weight. 
The payment at Ae wharf for landing or shipping 

A horse 5 rix-dollars 

Other cattle ..... 1 

Sheep and pigs . • • • | 
For a pipe or half a ton . . I 

Half-pipe or other cask .J 
The wharf duties have been found sufficiently produc- 
tive to deftay the expense of repairs, and to pay the esta- 
tablishment. The amount of receipts is paid by the wharf- 
master weekly to the collector of customs, and by him tp 
the receiver-general. 

There is one wharf-master and two clerks, appointed, 
paid, and removable by the colonial government. 



CHAPTER VIL 

COLONIAL AUDITOR.— EXPENSES PAID BY ENGLAND. 

The duties of this office, when performed with attention 
and vigilance, are most important, by the control of colonial 
expense. It is, however, a situation of some delicacy and 
embarrassment, as occasions may arise in which the wishes 
of a governor must be contradicted and opposed. A written 
order from the executive, when produced at home, justifies 
the obedience of an auditor j but in that cas^j the governor 
becomes personally liable, if the disbursement is not allowed, 
which is not an agreeable circumstance to any man in power. 



COLONIAL auditob; 139 

Ifp the eoloiiifil auditor are referred mon^y di«^ receipts 
and dlsbiirseiiients of the various establishments of Cape 
Town» exqept those of the burgher senate^ He examines 
the vouchers of both payments and receipts^ and colk^)es 
them with the entries in the books of each office^ He neither 
overlooks error, nor passes over an unutaal dharge, wttho«it 
explanation from the party ; and when di is deda^ed coirect 
and regular, he signs the accounts, and havii^ given due 
notice at the secretary's <^B^e, the amount is drawn frotf 
the office account at the bank, and paid to the colonial re- 
ceiver-general. 

It belongs to the auditor to prepare an annual report, ex-^ 
planatory of the state of every department in the cofonyy 
assigning reasons for any decrease or increase in their re^ 
ceipts or expenditure, and delivering a correct listof eon<- 
tii^ent amd fixed payments and salaries of the establishment; 
This colonial appropriation-paper is, at the close of every year, 
delivered to government, and transmitted home^for the inform 
mation of the secretary of state for the colonial department. 

At the end of the year 1821, the revenue and paymentar 
were nearly as here quoted ; but absolute reliance must not 
be placed on the statemeait of an individual, collecting in-<^ 
formation irom different sources, on matters of finance, with 
most of whish he has no immediate personal relation. 

RiCBIPTf, lOSl^ DZ8BVB8EM EVTt, t8tl. 

Fiom Bn'Dolbira. Rix-Doltan; 

Bank ..... If0,0l9 S Fixed oontii^|eiu»es » 4S,8S9 4 

CustoiBf. . . • 313,198 3 Unfixed ditto la jgpvejco-\ 

Tithes and transfers . 290*130 S ment bouses, lands, f ^na^^^a * 

Vendues .... 808,3464 offices, buildings, ves- ? *'''^*^ • 

liand rev^ue . • • ]7^7t 1 8e]s,«nd sn^iea ,j 

iStamps 150,929 7 Coomiissarjr for expend!- *> 

^oestrator . . . 31,794 4 ture ta armed inbabit- > 7 MS 4 

FnniBQg .... 20/)fl4 5 ants 3 

Post-office • . • . 92,197 5 Expense paid for MttJert 41480 

port office— Hottentot Kraal captaio 31306 ^ 

Cape. . 11»<W0 3 l.-^jj. ^ Colonial Cavalry . . 2,132 

Stnk*i^T«rn2,422 6 J*^*** * CapeCorps .... 100,8684 

Fiscal ^,041 Prostdy Dittriot Ks*"! i 

>Vjve Titttor . . . 12,124 6 penses. Salaries forf^-^n- 

Pees paid iu from offices 92,688 4 colonial servants, and r^'^f^^ * 

Commando «... 7,000 all other cbarges • . } 



1,463,510 5 l«249«9a8 | 

Tbe whole surplus revenue of the year 1821 amounted) 
*o tl3^2 ; verjr unequal to meet the incidental expenses > 213,602 
•t coastantly pvenipg oa th« cofeoiaJ goWranent. ^ 

1,463,510 5 



140 ooxai^iAX AUDttoii* 

A grateftil public will duly estimate the unsfaaken pei^e^ 
verance of Mr. Hume, and of other members of parliameriti 
the able and indefiatigable advocates of home and colonial 
retrenchment. Desirable and necessary as eeconomy may 
be, there is a degree of consideration due to the j[>ublic: ser- 
vimts on foreign stations, which zeal should not overlooki 
Whatever may have been srsserted about those colonies, 
whose civil or military servants are supported by the pay^ of 
Great Britain, it must be confessed that much has been in^ 
considerately said in the Hou^e of Commons on the subject 
of the expenses of the government of the Cape, and of the' 
salaries of the civil servants ; and one would suppose that 
the salary of the governor, of the public servants,, and all: 
other Cape expenses were paid by the Treasury of England. 
So £ar from drawing upon the funds of Great Britahi for 
this or any other purpose, it cannot be shown that the Cape 
has ever been assisted by Great Britsun in any expense 
which was purely colonial. 

. If it be meant that every thing in the shape of surplus re-^ 
ve&iie, taken from the pockets of tlw colonist, should be re- 
mitted to Gre^t Britain in aid of financial disfress, caused 
by a desperate and protracted war ; and that colonial im- 
provement is to be starved for that purpose, it certainly 
would become a subject of fair discussion, whether the Cape 
could in justice be expected to contribute to. the debt of 
that war, of which she was in no manner the cause. 

The colony- of the Cape of Go6d Hope was neither 
founded nor nurtured by English people, nor at English 
expense. . 

The sdariee of the civil servjints in any of the offices of 
real business do not go beyond a reasonable cbnipensatibn. 
In many of them, they are barely sufficient; and in all, those 
of the chief and other clerks are shamefully inadequate to 
the services performed, arid to the responsibility incurred ; 
and in common justice to. a very desemng. part of .die com- 
munity, ought to have been long sAnce augmented. 

jTberCape is the only place within the limits of the East 
India Company's charter where the civil servants are in the 
predicament of incurring some of the Indian expenses upon 
• Europeah pay. 

An unaccountable . degree of erroneous reasoning has 
crept into the public mind, on the subject of the-salary of the 
governor and captain general of the Cape of Good Hope. 



COLONIAL AUBITOR. 14 1 

If any of the speakers or writers had partaken of the hon-* 
pitality of this half-way house to the east, and having be^n 
made acquainted with the increased rate of living, on a spot 
open to incessant visitors, from all parts of the worMi woufcl 
calculate the expenses necessary to maintain a splendour 
and digai^ befitting the- high offioe, they would aUow^tbat. 
only a sarall-'surpkis could remain; very insufficient t<i^ 
remunerate the services o( any individual of rank and abili-' 
ties, performing the duties of governor; and consenting 10 
live eight thousand miles from his> native country. 

There are only three mtuations in the colony^ where the 
salaries exceed one thousand pounds per annum :^^that o§ 
governor, of secretary, and deputy-secretary. There are 
four other, of one thousand pounds per annum : — a colonial 
auditor, a colonial payn^ster, a collector, and a comptroller 
of customs. To fill all these six situations, (putting thet 
governor out of the question,) individuals are appointed by 
the English government, who, after tlie longest period of 
service, are neither entitled to the benefit of a sup^srannu^ 
tion fund, nor to half-pay or pension ; and when worn oaf^ 
or incapacitated by sickness, have only to retire to the littte 
savings of their oeconomy. 

' With regard to the remaining departments, if oonsideredi 
to be. necessary or useful parts of the Cape government, 
the salaries are invariably mean and insufficient. 

In the magistracy, due dignity of station and deportment, 
is expected to be preserved ; but can it be fitly maintained 
by a chief-justice on a salary of seven hundred poufids per 
annum? • • 

Eveiy appointment at the Cape is executed in persi^n. 
Here are no principals and deputies — the one, an absentise,^ 
to receive pay, the other to do the work:, but in every 
office, vvhatever is to be done, be it more or less, is aotuallyt 
transacted by the party; nor are there any of those ap*^ 
pointments called sinecures, althoogh it will have been se^n- 
m former chapters, that there exist some establishments,^* 
where little is to be executed ; and others, where it mights 
be more advantageous to the public, that every thing was 
omitted. 

It \vould ill become a servant of one department^ to 
nnder-rate the duties of those of another ; but perhaps it 
may appear, that, after the death or resignation of the pre-- 
sent occupants, the consolidation of some offices with^ 



141 COIiOiriiIrL AUDITOtt. 

others^ and die total aanOiilatioa of moi'e than one, wou14 
reUetregovemmeiit from an anaecessary and cumbroua Icmu) 
of feietf departnteots ; aad^ by a reduction of esipende^ be 
acceptable to the peqple. 

Tbat which has been here sttnetted^ on die general sub* 
jeet of aalaries, ia not coUecled (ma report^ but arisea fraai 
a peraonal ccmvictton of the injustice aiKl knpcactioabili^ 
of reducing them^ so as to correspond with any eatpectaticm 
ef uaefttl ^aconomy ; and die retrenchment of sakry is pro^ 
posed in En^bnd, not as a fund for the foimation and 
improvement of roads» of bridges, of kloofs ; for a wharf or 
a mole ; for the estaMishmeat of cbmrdies ; for an abatement 
of taxes ; for relieving die boers, by a reducUon of quit** 
rents pressing much too hard, and almost to distress on a 
very ndustrioua set of people ; or indeed for any colonial 
purpose ; but to augment the finances of Great Britain. 
A celebrated lawyer left his fortune to assist m paymg off 
die national debt ; but Lord Mansfidd set aside die will, 
observing, that he might just as well have bequeathed his 
fiiU^bottomed wig to stop the centre arch of Westminster* 
bridge. 

With every testimony of respect for the advocates of 
fetrenchflient, to whom the country feels great obligation, it 
auiy be asserted, that, as far as relates to the Cape, dien^ 
speeches are unfair and unfounded ; and that there is no 
jiftsi ground for diar^ng the Cape with waste or extrava- 
gance in die salaries of her servants, disabling her fromdts-, 
charging what is due from a colony to her now mother* 
country. 

. Since the war, whkh ended in 1814, Oreat Britain has 
stationed a changeable force at the Cape, sufficient for a 

C ace-defence. It consists of one company of artillery. 
If an one of oigineers, and three regiments, which go 
to India in turn, after being seasoned for diat climate, bj 
a prior residence in this cok>ny. Two of the regiments of 
the line have lately been sent to Bengal and Ms^ras ; and 
the third, having formerly gone from t^ Cape to India, and 
then biu:k to the Cape, is ultimately returned to Europe; and 
three regiments have been landed to take their place. Do 
due advocates of colonial retrenchment consider the Cope 
bound to defray the expenses of British regim^ts, halcing 
on their way to protect the mighty eastern empire of Eng^ 
liind? 

The bills of the commissary of the ^army, which include 



EXPENSES P4ID by; EKt3^tAND. H9 

the expenses of the na?y on the station^ and those refitting 
on their passage, are the only charges which £i^kMi4 de- 
frays. The pay and allowances for each of the thre^ iirfintry 
regiments of Jhie line, may be comr . 
putedat .... ^ ... . £S6J0QQ fm umum 



3 



108,000 
and that of the <qompany of artillery 
and half-company of eogiQoers, at • • IS^OOO 

making a total of ...... <£ 126,000 

to be drawn for this service on the lords of the treasury. 
£\Gi,869 were drawn in 1821, being a surplus of <£d6,869 
beyond the cost of thfe British forces. After aUowiog m' 
part for the naval expenses, the remainder probiMy w«a 
expended by the commissary, in the purchase of mtions 
delivered to the settlers, to prevent absolute starvatioQ : but 
it is not to be argued that the Cape is to provide, at her > 
own ^expense, a maintenance for 4>000 British suts^ects^ 
thrown upon her shore ; when no part of the sums, voted > 
by parliament for their aid* ever reached the Cape treasury* i 
The sum of ^126,000 is that whidi alone can. be atatedii 
as payment, on the Cap« account:; even presuming, OivJiidi; 
is not granted,) that the colony is bound to pay the Sittish; 
army, under the circumstances in which the reginnents are 
here placed. Against this expense, paid by England .ia. 
consequence of the occupation of the Cape, it is fair to. 
take credit for the pecuniary advantage England receives in 
retiipriv and for the disbursement which the Cape it: nenr i 
called upon to make, m consequence of part of the English 
population being thrust upon her, causing an expense wbick . 
belongs wholly to herself. 

In taking the statement of 1821, to the duties pa*dL a4 
home on the import of Cape produce, is also to be added t 
a profit of 10 per cenA. on the exports from Great JBritai»> 
to the Cftpe; but not taking into account her profit, iof- 
labour. Sec incidental to such an esxportp which is 4dsof 
wholly gained by Great Britain. / 

The British produce, imported into. Bdrs. 
the Cape, in 1821, amounts to . S,778MO 
r The foreign/from Eng^nd • • • 576^390 

Making a total of' .... 4,355,030 



144' GOLOKIAL AUDITCXH. 

/. $. d. 
Tea per dent* on the above sum 84,840 5 O 
Direct duties on Cape articles in a 

London . . . . ' . . *» . 77,9SQ • >2 3 

' Sxpetises for settlers . . - i 

paid by the colony 

for two years . i!24,363 

One year, 1821, 12,181 10 

: JV^'l 10' 

Permanent ^annual expense of tbe 

location 1,830 5 7 



i:i26,834 2 10 



besides an unsettled demand of the commissariat to a' 
considerable amount, to be also paid by the colony. 

From this statement, it appears diat the amount ex-' 
pended-on the military stationed at the Cape is made good ' 
to Great 3ritain; and in addition, the Cape maintains four 
companies of infantry, and two troops of cavalry, fully ' 
equipped; encamped and stationed on the frontier, to pro- * 
tect Albany and the other locations from the incursion^ of' 
the Kaffers. The expense of this armament amounted, in- 
1821, to <£i^,138 4s. Qd.-; and is a sum paid by colonial - 
taxation to guard British interests. Adding this to the * 
sum before quoted, the total amounts to jf 145,972 7^. 7d,; 
being a surpliis of ci!* 19, 136 48. 9d. beyond the sum ex** 
penc^ by the niother-country. 

Of these pecuniary advantages received by Great Bw* ' 
tain, and of the expenses to the settlers, paid on her' 
account 'by> the Cape, there will, probably, be little increase * 
of the one, or abatement of the other, for some years. It \ 
is, however, possible that the first expense of settlers, being ' 
fort^ yew* 1821 about i! 12,000, might be relieved, in> a 
degree, by their having a good harvest ; but it is surely ^ 
impossible to look for any thing favourable :fr6m the pr^*^ 
sent state of itiings in the newly^settled- district of Albany^ ' 
Wh€ni Great Britain acquired possession of the Cape, it '■ 
was not in the expectation of commercial advantages,^ or of ^ 
her contributing to the expenses of the nation ; but as a 
military station-: the advanced guard of her Indian posses- 
sions. ' The advantages- resulting from this occupancy, in 
time of war, so ably and prophetically announced by 



COLONIAL AUDITOR. 146 

Mr. Barrow, in the second book of his second volume of 
Travels in South Africa, have been more than realized, and 
especially throughout the last war. Whibt the nation 
enjoys such fortunate results, it is not courteous or correct, 
that the Cape should be brought forward in parliament, 
however plausibly or eloquently, as an instance^of the per- 
severance of ministers in a wasteful colonial expenditure ; 
or that she should be h^ out as disabled, by unnecessary 
and extravagant establishments, from relieving the expense 
of the mother-country, were there any well-foanded claim 
for her so doing. 



CHAPTER VIIL 



. CAPE TOWN.—MAKNERS, CUSTOMS, AND HABITS OF , 
tHE PEOPLE. . ! 

At the close of ^e mo&th of September^ Table Bay iM 
free from the. prevdenqe of north-west gales, and the heavy; 
rains have ceased* The verdure of the Lion's Hill, and o£ 
the lu^n^iant crops of oats and barley along its base, affords, 
pleasure to the eye, which has rested so Jong on the waters*. 
The pUia, enatnehed with flowering bulbous phots of 
every colour of the rainbow, variegating the veryjaiargia 
of the bay, adorped with neat and elegant .villas, and the 
singular appearance of the Table . Mountain, combine to. 
deUght a stranger on his arrival, and to predispose his mind 
to receive the most favourable impressions, in this dispo** 
sition be lands, and traversing with alacrity the grand pa- 
rade, inferior only to those of Lisle and Brussels, and 
rejoiced at once more resuming the use of his legs on dry 
ground, be is conducted to some fashionable boardmg-^ 
house> where he must be left to recover fr<Hn the pleasiires 
of iiis new situation. 

Cape Town, the capital, and the only town at present of 
any great extent within the colony, is bounded on the west; 
the south, and south-east, by the Lion and Table Mountains, 
and by the iDevil's Hill; on its northern side, by the bay^ 

L 



146 CAPE Toirjr. 

and on its easl«rn> bj fort^d Ims of d^fenee^* JTiie 
houses and gardens in the outskirts, and Ae town i^BtV, 
occupy a space of neady 1,000 acres within the boundfories* 
Through the narrowest streets two oarmgea may pass ; and 
the main streets, which lore much wider, trend fronoi the 
north-west to the south, crossed at right angles by others 
from die sea to the KI00& which runs between the Uoa^3 
Head and Table Mountain. From this Kloof them is « 
birdVeye view of the bay and town, which, from its regtt-. 
larity ajid neatness, appeara to great advantage* The 
houses, flat-roofed, and chiefly white, with gNen windofwa,. 
are spacious and convenient, having an elevated terrace, 
here called a stoep, in front, and small gardens behind, 
usually with a treillage <^thed with vines. The private 
gardens between Cape Town and the mountains, from 
which the inhabitants are plentifully supplied with fruit and 
legumes, are of ei^q^isite beauty ; and the garden-houses 
are the favourite abode of the Cape-Dutch inhabitants. 

The public buildings consist of the castle, the great bar- 
rack, the granary, the custom-house, commercial-hali^ town 
and district jail, the Calvinist and Lutheran churches, and 
the colonial building, including, most conveniently, within 
ks waBs, the secretary V office, tli^t of the fiseal> thebatJc, 
the orphan*<hamber, theseqiiestri«tor's-o!ffice« the-Ml of the 
Court of juistiee, the public library, and, in fact, all the ol^r 
offices, excej>t that <^ the burgher senate, who are m pos^ 
session of the stad or to wn^kouse. 

The. commercial Exchange, a large and a hatodsMie buiki- 
ing, bualt by subscription, stands on the western ^extremity 
of the parade. The first stone was laid^ by Lo^d C. H* 
Somerset, the governor, about the time when Cape wine 
was delivered by the wine boer to the iherchant for the 
price of £00 rix-doUars per legger of 15SI ^attons, and by the 
merchant it was exported, and sold in London for forty 
pounds sterling per pipe of 1 10 gallons. The comm^cial 
r^m became too small for die exportation of growing wealth 
— the frog expected to swell to the size of the ox. At that 
moment no plan could be too magnificent for the rising 

* The Table Monotain is of the height of 3,582 feel. The path up to 
the Tahle is not very difficult, and ladies hav^ ocqasionallv adventuiie^ 
thither. A wager was lately made by Dr. Cathcart, of the 88th regi- 
ment, that he would nde his horse to the SMmmit, and return in the 
same manner. He accomplished it near the Orange Grove^ on the south 
side of the motuatain. 



PAPE tO^it, HI 

sdf^hnportance of Cape merchants^ and the Excliange waf 
erected on a scale riaiculous if compared to the required 
purposes. However personally respectable many of thi^ 
class of merchants may be, the nature of their trade is retails 
The HonouraUe Ea^t India Company sell a single case of 
tea, two pots of ginger, and five pieces of calico or other 
goods. If such be the practice of these once imperial 
merchants, what can be expected from the minor traders I 
ail of whom take out a retail license, and dispose of their 
goods to an individual or to a re-retailer by the piece or the 
pair. Commercial individuals, however, whether dealers 
in wholesale or retail, who in the year 1821 received 
imports exceeding the sum of six millions of rix-dollars^ 
cannot be considered insignificant. A retail way of sale 
appears to be the occupation of a little mind ; yet there are 
not wanting at the Cape mercantile men of capacity and of 
generous feeling. Taken as a whole, the class is respect^ 
able and respected. The present state of exchange on 
England would, to a hasty observer, be decisive of the ruin 
of a merchant on remittance of the proceeds of his goods 
to England ; but it does not appear, that the exchange on 
England, which reduces a rix-dollar, issued at four shillings 
sterling, and current at eight Dutch schellings in many 
colonial purchases, to one shilling and sixpence payable in 
England, has operated to reduce the personal habits and 
expenses, or even the external appearance of the generality 
of Cape merchants. Where, and on whom this depreciation 
in the remittance of proceeds, arising from the sale of a 
large stock an hand, is to fall, does not as yet show itself. 
In the mean time, every luxury of the table, of company, 
of establishment, horses and carriages, is in full force. 
Many, who were content in England, when issuing from an 
upper story, to be permitted to indulge on a Sunday upon 
a hired hack,' enjoy at the Cape the almost daily pleasure of 
their own saddles-horse^ and their curricle or barouche, 
occasionally* If all this proceeds from the emoluments of 
trade, the merchants of the Cape have no cause of com- 
plaint. Probably the debasement of the currency falls 
heaviest on the English exporter, to whom many of the 
g^itlemen, called Cape merchants, are merely agents. It 
has been said, that the commercial Exchange y^a about to 
be let for subscription assemblies, and that Terpsichore 
and the Graces are to drive Commerce from her throne. 

l2. 



148 CAPE Towir; 

Others have stated^ that it is to be purcfiased for an Eng-^ 
lish church; and although the money changers were 
driven from the Temple, and accused of making it a den of 
thieves, it is nowhefe written that the reverse might not 
take place, and that a den of thieves, if it existed, might not 
becomie a very holy temple* 

The value of the subscription shares to thisboildiBg has 
fallen to one-half of the original cost. If the hopes of the 
proprietors are realized, and the Cape beconaes a free port; 
her merchants will rise into importance, and the commer- 
cial exchange may become of consequence, as the scene of 
exchanges, re-exchanges, purchases, sales, and speculations, 
between nations trading to the east : the Cape will then be 
placed in that state, with regard to eastern trade and general 
commerce, to which her geographical situation would long 
since have called her, if uncontrolled by the system of the 
European powers, and especially of England, with whom all 
the beneficial results of her prosperity would finally settle* 

Buying and selling, which, on the mo^it enlarged scale, 
are in some parts of Europe considered to^ degrade a gen<^ 
tkman, are held highly honourable by the Cape-Dutch; 
On the address of a letter to an Englishman, after the 
word esquire, they sometimes add, by way of compliment; 
the appellation koopman (or merchant) as the superlative 
distinction. Smouching, which here i» an appropriate word, 
meaning buying an article, and selling it again at profit, is 
practised by all the Cape-Dutch, except a few of the high-^ 
est class ; and not by them forborne from any idea of de- 
gradation, but from being fully engaged in other pursuits; 
and it is not bad policy to account that to be honourable, 
which all are in the habit of doing. Female slaves parade 
the town, the neighbouring villages, and country houses, 
carrying upon thcrir heads, and in the baskets of an at- 
tendant man slave, an assortment of every article of dress 
worn by females, with which they supply the parehasenr at 
nearly the same rate as in Cape Town. The lady ovnier 
of the slave girl, when she returns home at night from ^ 
party or a ball, compares the unsold goods and the rix- 
doUars she receives from her pedlar, with what was sent 
for sale in the morning, and gives out the merchandize for 
the next day's perambulation. There have been instances 
of chastisement inflicted on the slave, if every thing is^ 
brought back' unsold, on the presumption, that following 



CAPB IPOWK, 140 

^.own purtuks, she. baa neglected, the interests of her 
mistress. By this, and by buying an article, when cheap, 
at o^e vendue sale, and acquiring a profit by a resale at 
another vendue, many £amiUes, if not wholly maintained, 
are greatly assisted. 

. iJeaving the commercial Exchange, the heeregracht (An- 
glic^ the gentlemen's ditch) presents itself, leading towards 
the public offices and the government gardens. In thia 
street, once the residence of the best Cape families, but 
now of English shopkeepers, is the Subscription or Society- 
House ; a building appropriated by the proprietors for the 
accommodation of the town. Here are billiard and card 
rooms, and a ball room^ where, during the winter^ the as- 
semblies are usually held. There are also, what are called 
in Europe, coflFee-rooms, where stale newspapers an4 
pamphlets are to be read. The subscription amounts to 
nine rix-doUars per quarter for the coffee-room, and a 
limited sum for the balls ; five dollars are paid by a recom-: 
mended stranger, landing and staying not more than a 
month. The subscriber's to the rooms are numerous, but 
the newspapers and pamphlets are meanly and sha|>bily 
supplied. The proprietors are moderate and generousf 
(enough to content themselves with only requiring the ma-r 
na^ers of these subscription-ropms to pay for all the re^ 
pairs, decorations, and expenses of the house, and a divi* 
dend to themselves of 10 per cent, on each share. The 
charm of the society house lies in its situation, so prime fcK 
gossip, being in the centre of the heeregracht, traversed by 
every one going to the parade, to the government offices, 
to the custom-house, or to the wharf; so that, between the 
hours of eleven and five, almost every one may be seen 
from the door of this house. Physicians, lawyers, civil 
servant, military officers, merchants and gentlemen from 
Inidia, congregate during the whole morning. Early in the 
day some one or two regular prosers occupy the green 
seats in front, and unless, like Ulysses and his companions, 
they who pass have the precaution to put wax into their 
ears, or to bind themselves to the mast, they are invariably 
drawn for a time into the magic circle of the siren. The 
talk commences, and that which is, or is not, being re- 
ported, gains currency for the day. A grpss untruth on 
any subject, deceiving the hearer, and circulated from 
tine spot, for the amusement of the inventor, is called 
^' i^h^ving," and the dupe, being shaved himself, wai;^der3 



150 CAFE Towir, 

thirouffh th^ town to shave others. I£ the ^ittoHonier 
stated that he had discovered a coinet whieh virould shortly 
be visjble, the first shaver adds, that the BStronomer de* 
etared, that the comet would in tilt probability be so near, 
as to melt all the icebergs at the antarctic circle ; and the 
second shaver adds that, after the comet had so done, 
the tail would, ii^ its progress, come in contact with the 
top of Table Mountain. 

If the deceit was confined merely to matters of this kind, 
it would be even then highly blameable, as it creates an ha^ 
bitual disregard of facts, ai^d lessens the estimation and the 
practice of adhering to truth : but the peace and happiness 
of individuals are frequently invaded ; credit impaired^ and 
society distracted, by the circulation of base and unfounded 
Reports. 

^oth^r knot of orators appeared to be forming a few 
doors below, on the green bench of a confectioner's shop ; 
but opposition is poor, and the sweet smell of what was 
going on within, being too trying for their pockets, they 
coalesced in the old spot, 

^ In one of Pilpay's fables, it is told, that a king, dispi? 
rited and fanciful, convinced that all remedies were useless, 
gave himself up to despair. His physician made a ball of 
copper, and presenting it, assured him that it wa? com- 
pounded of herbs and minerals of such rare virtue, that it 
would insinuate itself into the frame, and work a perfect 
cure, provided the patient persisted in throwing h about 
daily for a few hours, The king obeyed, a thing hardly to 
be effected, and in a few months was freed from his dis- 
temper by e3^ercise, which composed the whole of the vor 
getable and mineral virtue. If the physician of the Cape, 
whose word is law with the Indians, vvould prescribe the 
daily use of this ball for a few hours on the parade, he 
would confer a triple obligation, by giving occupation to 
the idle, restoring the hypochondriacal Indian to health, and 
removing a nuisance from the heere^acht, Every lady, who 
passes through this street to her visits or her occupation^ 
runs the gauntlet pf these acute heeregracht observers. 
The fashionably shop for ladies' dress unfortunately is sir 
tuated at the very door of the society house. Ill luck tq 
the poor girl, who, 3s she turns the corner, discovers a 
Bewly created fracture in her stocking, between the shoe 
und the bottom of the petticoat. Nothing escapes the 
p^ose investigation of these idlers^ and although po word is 



CAPE TOWN. 151 

9Bii, the titter and tbe laugh draw forth a profuabo f^ 

'OnlSuCIS* 

Such a plate a$ the socicty-house door would, in E^g^- 
land or Ireland, draw around it a never ceasing si^^arm of 
importunate beggars ; but here a beggar is unknown, save 
ione, who, on the Wynberg road, like Lazarus, Ueth at th6 
rich man^s gate* Blind and old, be possibly may be l^d 
there by daily kindness, in order to enjoy the Warmth of 
that sun, of whose blessed light he can no more hope to 
partake. 

Within the building containing the public offices, which 
is beyond the society^-houae, at the top of the heeregracbt, 
is iNtuated the secretary's office, to wnich a stranger must 
address himself on his arrival and departure from, tbe co^ 
iotty, and produce the necessary testimonials of himself, 
and securities, if required. This is the comucopite, whence 
all favours are distributed. Behind it, on the same line, 
is the Bank ; probably the only one in the world from 
whose coffers not one atom of specie of any kind goes into 
circulation. Here sit the directors, paying all demands, 
and issuing the necessary funds, in paper rix-dollars. Oa 
the other side of the building are the offices of the three 
£scals, Minos, iEacus and Rhadamanthus; and beyond them 
the post-office, whence fame reports to the four quarters 
of the world. In the centre of the area behind, there is a 
spacious court of justice, and, as you pass oa to the public 
libraiTy and hear the unharmonious harangues of advocates, 
declainung vehemently in the Dutch langui^ie, the mind is 
almost deceived into a belief, diat they are arguiug for 
tr«ith, and not for pay. 

There is a public colonial library, lately erected by go*- 
^^nmenty and handsomely fitted up, both in point of taste 
and utility. It consists of two spacious library rooms, with 
apartments and apparatus for chemical e3f:perimenjts. Th^ 
plan and arrangements are excellent. It has been ingrafted 
on the Dessinian library, heretofore under the man^ement 
of the ministers of the Calvinist churchy Mr^ Jaacbim 
Nico4aas Van Dessin was born in Germany^ ^d having 
emigrated to the Cape about the iiuddie of the eighteenth 
century, became secretary to the orphan chamfo^. Dessin 
was a tolerably well educated man, fond of society, and, 
being of lively, ent^taining mam^rs, became a welcome 



152 CAPK TOWN. 

guest in all parties.^ GoUecttag of hooka was hiB UsfonAte 
pursuit ; but be is said not to have been a man of science 
and literature ; and it must have been by extraordinary di- 
ligence, that he was enabled to brii^ together so many 
valuable publioations, and to form such a library in Cape 
Town. Detraction has published, that, at a time of great 
mortality,~when sales of the property of the dead and of the 
distressed were held in every part of the town, Mr. DeMUn 
constantly attended, and purchased at a low price the books 
on sale; but surely, when any man wishes to make a col*- 
lection for the benefit of the public, it is tio disreputable 
circumstance to do so as cheaply as possible, and thus enr 
able himself to increase the collection, which he means t^ 
bestow. At his death he bequeathed a small sum of money 
in trust for the gradual increase of the library ; and hi^ ob<- 
ject has been faithfully fulfilled by the trustees, who have 
added many modern publications. Mr. Dessin died un* 
married ; and by the manumission of his slaves, afforded 
proof, that, whilst he had endeavoured during life to add 
to the knowledge and improvement of others,. he had not 
forgotten to direct his own conduct in the paths of bene- 
volence and humanity. The collection thus originally 
formed, has been greatly increased, by fines on snjall of- 
fences applied to the purpose, by books presented through 
the good wishes, or by the vanity, of recorded donors, a^d 
by the liberality of the coloaial government. The library 
already boasts possession of the best ancient, aqd most re* 
cent modem publications, in religion, in the classics, in his* 
tory, poetry, geography, chemistry and political ce»conomy ; a 
most ample collection of essays, of voyages and travels; 
and dictionaries of all ages and languages. The thing that 
appears to be chiefly wi|ntiag, which Mr. Dessin could^not 
be<}ueath, is a collection of readers; for reading is not an 
African passion. 

In the other public buildings, not noticed, th^e is little 
to be remarked. The Calvinist.or reformed established 
church of the Ci^e^Dutch is a handsome edifice, capacious 
and appropriate. It is ornamented by the escutcheons, ar- 
morial bearings and epitaphs of dignitaries of the Dutch 
church and state ; but by the late death of Baron Van 
Reede Van Oudtshooi^n, there is no one individual n^m-* 
ber pf titled Dutch nobility now left at the Cape. 



CAFE TOWN^ 153 

Tii« Lutfaerda ehurch at the top of Strmd Street is 
^greaUy admired for its elegance^ and bears away the palm 
from all other colonial buildings. 

From the church it is a natural transition to education^ 
the most itpportant feature in a rising colony. The pros* 
pect is not cheering, although there is a colonial esUtblish- 
ment fotf classical and school education, having the first 
colonial chaplain as rector gymnasius, or principal master^ 
.with a salary of 1,600 rix-dollars per annum, and a monthly 
payment by the parents, of fifteen riir-dollars for each day* 
scholar. Eminent for a correct and dignified discharge of 
his. duty, when in the desk or the pulpit ; he is in talents 
more than equal to the direction of a school education. 
But the very eiccellence of a man's qualifications for the 
church, and the regular performance of its duties, incapa* 
citates him for being a schoolmaster at the same period of 
time. The religious engagements command one day in 
every seven; and the addition of the previous necessary 
preparation withdraws too large a portion of time from 
that unceasing, and uniform attention, which the education 
of youth requires, and without which, progress cannot be 
attained. A schoolmi^ter, who fulfils his duties, can be 
only a schoolmaster. The military chaplain also, with 
equal qualifications, takes pupils, and by the efforts of these 
two reverend gentlemen, doubtless more will be effe*jted in 
point of instruction than heretofore. To place education 
on a sound and growing footing at the Cape, and to induce 
the Cape-Dutch to adopt the English system, or, to ex- 
press it more properly, to force them to receive any educar 
tion at all> an academy having the graduate of a British 
university for its master, unconnected with the church as a 
pastor, m%ht be founded to advantage. No young Cape- 
Dutch gentleman should be appointed to an official situation 
in any of the departments of government, who had not been 
for a certain time at the academy* The order of Lord 
Howden might then be strictly enforced, by which the stur- 
.dent ia compelled^ before he takes office^ correctly to write^ 
und fluently to speaks the English language."^ This would 
.work sensible improve^)ent in the education and in the 
manners of a class greatly de&:ient in both particulars. 
There is no place in which the benefit arising from good 
^i^hoo)s would be more perceptibly felt. 

* See Appendix N. 



1£4 CAP£ TOWK. 

The cliwMit of Induii enfcvouraUe to diHdreiij compels 
partots^ to send tkem at a very eariy age to England, and to 
incur an enormous expense, and the separation of many 
yenrs^ If there were proper sehook or academies at the 
Citpb, with niasters dnly qualified, there are few parents 
'U/'ho would not pi^ferably send their children to a pKM:e 
Withift their reach, and to a climate, to which, in case of 
tllness, they might probably resort themselves, before th^ 
finally left the east. There are a few day-schools for fieJ- 
nhile children ; but this part of education is also deplorably 
toeglecCed. Tlie attention of a virtuons and well educated 
molficr goes far m the instruction of a daughter, in all that 
is nse<%l, and macAi that is ornament^ in private life ; so 
th^t the establishment of girls schools is not so absolutely 
necessary; but if European masters and governesses, of 
ichar^ter and of fit qualHtcations, could be indu<5ed to settle 
in the colony, a better taste and greater anxiety for female 
education wopld be geoeitiHy ipstilled into the Cape-Dutch 
inhabitants. 

The society of Cape Town is composed of varions ma- 
terials^^Mlivines of different tenets^ medical men with and 
without diplomas, civil servants of the various departments, 
navkl and military ofiicers, Cape-Dutch advocates, Cape- 
Dutch inhabitants, and civil and militiiry servants of the 

. East India Company, form the aggregate of the list. Upon 
the EttgKsh part of the society, it is unnecessary to dikte. 
An Englishman, from the Orkneys to New South Wales, is 
the same unbending creature. He accommodates himself, 
^ith difficulty, to the manners of other countries ; and no- 
'tfaing ca!n be right or proper, that is not English, knd to 
NiKrhich he is unaccustomed. The Scotch and Irish mix 
ixiore readily, and sensiMy, with the members of a -foreign 
society, and, are more easily reconciled to its cnstoms. In 
'^considering this subject, the death of one, who once ftled 
'SO terge a space in this colony, sorrowfiiHy presents itself 
to tnemory — Henry Alexander, colonial secretary, a man of 
the most eccentric mariners, possessing •exftensive benevo- 
lence of hfeart, accompanied by the tiglicst endowments of 

the head. There wals neither ait nor science ^ which he 
had not acquired some knowledge, and in matoy he was 
^eminently skilled. His powers of reasoning were strong, 
impressive and overcoming, for be had the taste, sense a^ 
learning of former ages, to bring to his aid in argument, (in 
which he delighted,) and his memory was so perfect, that 



CAPE Towkr. 16^ 

he cofild at onee command all that be had eier heard or^ 
read. Fond of ifomestic happiness^ and of company, he Hved 
in the constant interchange of good ofRces and civilities 
iieith the most respectable English and Cape-Dutch families ; 
and feeling a kind disposition towards all men of character, 
und seeking ihfbrmation Avherever it coiild be fbu'nd, indivi*- 
dnally he associated with those of every rank and station of 
Kfe ; ardent, social, liberal, kind and courteous, such wa^ 
the man, whom the Cape deplores. 

The Indian visitors exceed every ot^er single class in 
number, as much as diey surpass in tdent. The institutioti 
i>f a college in Calcutta, and the niore modern one of Hailey- 
bury, in both of which these gentlemen kept their terms, 
and attended the lectures of professors, and their subsequent 
examination in classics and mathematics, force on them, 
however idly disposed, a distinguished education. Th^ 
climate of India, and the necessity of avoiding the sun, 
compel a continuation of literary pursuits. After his ar- 
rival in India, a writer, unless he be a mere trifler, advanced 
by gradual steps into situations of trust and importance. 
Jn a few years, the collection of the revenue, the government 
pf a district, or some other important object, is committed 
to his care. His thoughts become engaged on weighty 
(Concerns ; his understanding is exercised, and the energies 
of his mind are called forth ; and when he visits the Cape, 
he brings with him larger intellectual means of contributmg 
to social intercourse than most other men possess. 

The Indian visitors are accused of selfish feelings; but 
where is the instance in which they do not fiubscribe to the 
general amusements of the place ? or, where is the indivi- 
dual distress to which they do not generously contribute ? 
On a decay of health, the Indians usually resort to the 
Cape, before they are reduced to the absolute necessity of 
abandoning their post and going to Europe* Many dread- 
fill victims to Indian sun are seen here ^ for hope strength- 
-ened by interest beguiles men to remain in India too long^ 
when, by an earlier arrival, this health-giving climate might 
have worked a cure. Tbe majority of invalids, under that 
best of physicians air and exercise, soon regain strength and 
vigour, sufficient to partake of the sports of the field, and 
occasionally to gain the bru^h at the end of the fox cha/^e. 
These gentlemen are daily fixtures in the circle of the so- 
ciety door. Men who have been so much confined within 



}5$ CAP£ TOWN. 

the bouse, are excusable for keeping oi^t of it when they 
have the opportunity ; and the judge and magistrate, who 
daily, when at his station, sits from morning to evening, 
hearing causes in Cutcberry, has a claim to the indulgence 
of complete idleness — it is the feUoiy field of the body and 
inind« In coming to the Cape f9r health, a civil servant 
loses one-third of hb salary ; if he remains lingering for 
any period^ and ultimately dies^ the whole of his arrears 
is forfeited. 

The government garden, called in th^ Dutch time the 
Company's Giu*den, occupies a space from the top of the 
heercgracht to the road which leads to the Table Moun- 
tain, and on the right to the Kloof. The centre walk, 
which is wide and of the length of about one mile, is carried 
through an avenue of spreading oaks, beautifully green in 
the spring months of August and September. At that 
season, although the sun be bright, the air is cool and 
elastic, and the blossoms, bulbs and flowers, delight the 
eye. Upon Snnday> when the military bands continue to 
play their most lively tunes and airs, it would seem to be 
fairy land, were it not that the moving figures are niostly.of 
a colour not described to be that of a fairy. 

The sqepe is interesting, and the walk fashionable, apd 
there is a pleasurable feeling and freshness in the spring 
atmosphere of this delicious climate, indescribable to a 
stranger. One part of this garden was, in the Dutch time, 
reserved for cunous plants, bulbs and shrubs, interesting 
to the botanist ; and in another part, vegetables were grown 
for the supply of the Batavian ships refreshing at this port 
on their passage. The whole has now merged into a pri- 
vate garden for the governor, and the public is excluded 
from every part, except the grand walk. A menagerie, the 
interesting appendage of eastern power and niagnificence, 
still remams ; but the spirit is gone ; for there are only two 
or three lions, a Beiigul lig^^r, and the panther and hyaena 
of the Cape. It is to be regretted that this establishment 
has been suffered to fall into insignificance. There is an 
interest and feeling peculiar to itself in the view of a well 
stocked inenugerie, which is the triumph of man over the 
tyrants of the air and of the forest. There was a tolerable 
good collection of living and dead animals and birds in thfs 
museum of Mr, Villete, a naturalist of the Cape^ but they 
were lately purchased by the commander of the Fairlie^ and 



CAPE TC^K.^ 155T 

shipped for Loadoo, vheire titey wQl be tn W€ep^U 
object to the curious. Some of the staffed antelopes are 
rare, and of great beauty. The goveminent house is situated 
about half-way up the garden/ and is built Ja the Dutch 
style,, with its porboo arid fduQlEaiii»' (jeU d'eau). It is cool 
in the spring, and not ;uicoiivement for the purposes of 
stale, or for the necessary parade and arrangemeiils of a 
public day. But the vidoity of Table Mountain, and the 
reflection from that immenate mass of. stone, throws upon 
this house in summer, as it does throughout Cape Town, a 
burning heat by day, from which none recover until the. 
corf and early hours of the next moraing« 

This abode might be thought handsome for a high and 
mighty mercantile body, but is not on a scale beooiaiing 
the representative of the British King, on the outwork- 
ed his eastern empire. It is also co^iderabiy out of re- 
pair. Beyond the government garden, towards the KloOf, 
are the house and celebrated gardens of Mr. Zom, calledr 
Leeuwenhof. Here is a commanding view of the \my, of 
Cape Town, and of the intervening gardens, which are pro- 
ductive and beautifully arranged ; and to the eye of a Cape-^ 
Dutch gentleman, the looking forward to the Rix«dollar b 
not the worst part of the prospect. 

Leeuwenhof, or Lion's Den, is what in England would 
be called a good estate, yielding to its owner ample means 
of living like a gentleman. The rents arise from the daily 
sale of every description of fruit and vegetables to the po- 
pulation of Cape Town ; this is done to a great extent by 
slave b6ys, who go with two large baskets twice a-day, 
backwards and forwards, filled with whatever is seasonable, 
from the garden, and with. eggs and milk from the farm. 
From some gardens five or six slaves are constantly 90 
engaged, and, at particular seasons, each will bring home 
twenty or thirty rix-dollars per day. 

Between Mr. Zorn's and the Table Mountain, Oranie- 
zigty the house, gardens, and vineyards of Mr. M. Van 
Breda are conspicuous. He is the most experimental hor- 
ticulturist of the Cape. His gardens supplied the naval 
establishment with vegetables, but they are now vineyards,, 
except a part reserved for the curious and useful plants of 
the east and of other countries. Here may be seen the 
coffee tree in vigour : it is said to bear a sufficiency of 
coffee berries for the parlour use of the family, and that the 



15S CAPS Towjr. 

flivonr is QXoeHent. Dhis mey be a matter of fiuiiifyta$te, 
in which dl might not agree; but any Granger may ob- 
serve that the tree is healthy, and the coffee berries peiiect 
mmI abundant. 

The beauty of the heaths^ bulbs, and flowers of the 
Cape is universally acknowledged ; y^, as nature is said to 
divide her favours, she has generally denied to them the 
sweetness so prodigally bestowed on those which adonr 
the British gardens. It is a common saying in South 
Africa, that flowers have no smell, rivers no fish> and birds 
no song. -Such, however, as the flowers are^ they ai« 
eagerlv sought after by the British florist, and are not' 
thought unworthy of a royal conservatory ; and the beauti-' 
fill pkimage of the birds makes them an object of desire to 
the ornithologists In number, birds are remarkably feWy^ 
and it is matter of surprize to a traveller to observe, how 
Htde of this description of animated nature presents itself 
to his view — but there are no hedges to aft'ord food and 
slielter. And as to fish, it is a matter of ih> surprize, thai 
rivers which frequently are without water should be gene-» 
rally without fish. There usually appears in persons newly 
arrived, a degree of fear on the subject of snakes* Snaked 
are numerous, and some are of the length of eight or ten. 
feet ; but they decrease as cultivation advimces; and are not 
generally seen in gardens. 

The situation of Oranjezigt (or Orange View) is strife-" 
ing: it has a more extended prospect of the country, of the 
town, and the bay, than Leeuw^nhof, and forms a more 
distinguished object. Mr. Van Breda distributes with ge^ 
nerosity the rare plants which he collects, and is courteous 
to the visitors of his gardens. Desirous of profitiiig by 
the improvements of others, he inquires into the practice 
of all nations, in whatever regards his own particular pur* 
suit, and politely imparts all the information within his^ 
knowledge. 

This gentleman, in community with another, possesses a 
large tract of sheep-walk over the mountains, near the east- 
em coast, on which he maintains the most numerous flock 
of Merino sheep in the colony, together with an excellent 
stud of breeding mares and horses of the English race* 

Returning to Cape Town, you may pass the great bai^ 
rack, heretofore the stores of the Dutch East India Com- 
pany : it is a large, solid, and convenient building, having 



lodging for i,Q0O men, a*d remams a mayi ifewttt jjuwiwr 
ment of the splendour of the Balawian esteUishment^ 

The stad, or town*boitse, is situated in die.green-tAwAHiW 
nearly the centre of Cape Town. This baildiog b»« # 
good appearance, rifling by afli^ of ateps) with;a porlioojc 
and is occupied by the burgher senate, in the Adiln^^nt of 
its duties. This is the place for holding the aenalus cmqat 
sultum, and here the tases are. received. The town firer 
engines are secured in the stad court ; and in ease of fire* 
even of a chtoiney, the bell of the stad^iouse and,all:tJb« 
ebupch beHs are tolled. The constables of the night.medt 
and assemble here, and the coolies of the ds^ slafid on tlm 
^teps lor hire. ^. 

There is no part erf the toMm r^^alioBs under. lh« 
burgher senate's control worse managed than the r^giirt 
lattons ^f copies, except it be that pf the boatoien. Time 
lifter seem to be under no control,, and make < it dtmtmA 
aecordmg to pleasure; and, if it be not.ccM^Ued w^, 
however unreasonable and exorbitant^ tbs induvidilaLmajF 
lo^e his passage whilst be seeks redress. 

The part of the square in front of the slaii^hoii^e is ns^ 
for a green^market,. abounding in every descriptifon.ofvege-^ 
table of the sejason, brought for sale* At a very 'eai^ him 
die diligent buyers flock U> die spot, and oompletelhev 
daily purchase; the lazy take. up .with what is left^ itien 
quired by them, before the saeood supply in Ae ^tfym^QoH^ 

On a line widi the front of the stad^ho^se, de$cefiding 
towards the sea, close on th^ shore, is the.fishHinMkel^ 
abundant and cheap: ten ^pounds or more of fish^ of. the 
common sort, may often be purchased for two scb^Uing^f 
(sixpence staling), and of the best, for four scbeltings. 

The supply of fish <m some days is immense^ The h^tr 
tentot, ]acot> evert, elft, hake or stockfish, the. king ktipfish, 
tbe steen brazen, and the stompneus, are all of excellent 
quality. The stockfish is called the earthquake^fish,. ffom 
not having made its appearance in the bay until the year of 
that event. It is a remarkable circumstance^ that, the red 
stompneus rarely, and the red roman never, (though .tb^ 
chief fish of Simon's Bay,) pass the Cape point into the 
waters of Table Bay. In the season, or montbs.of July 
and August, there are boat loads of snoek caught daily. 
These fish are a great article of the food of slave's when 
dried ; and, at the best cjUsching time, two spoek^^f ten 



l§6 CAFB TOWir« 




, we freqiNiidj sold together iiM*direeMB^: 

Tkej are caoght bj the liook and line. In fine 
the boats start b^ore daylight for the fishing 
gRMUid, aumiied by four or six fishermen, who are share-*: 
boMers in the catch, and, afiter deducting for the boat 
owner, make equal distribution, whether the individual 
BMy hare had more or fewer on his hooks: they return 
about two m the afternoon. A «pecies of grey mullet, a 
fish about twice as large as a herring* is taken in nets. A 
man sits on a rock or the shore to observe the shoal, and. 
tbe net is dien drawn to inclose them. The quantity takea 
ID the months of October and November is prodigious f 
diey are chiefly salted, and purchased by the boers for their 
slaves. Night nets are set occasiomdly for the generality of 
fish, but not many are so taken, if compared with the' 
hook. In the Table Bay sharks abound : they are trouUe- 
some to the fishermen, rising at the fish when caught by. 
the hook, and are destructive to the nets, when they get 
entangled therein. Few fish are found in the riversi on the 
Cape side of the mountains, except small fish, called Karp-: 
era and springers, which are exodlent, and eels. 

Shooting is one of the favourite amusemoits of the Cape; 
and it IS to be had in great perfection. The period allowed 
by law is, firom 1st December to 30th June inclusive ; the 
other are prohibited months, during which the game breeds* 
Partridge, pheasant, korhaan (a species of bustard), wild 
paanw (a sort of small bustard), hares and antelopes, of 
mmerons kinds, abound. Snipes and ducks are also to be 
Ibvind in the winter months in swamps — all, except the 
hitter, are frequently seen on the same spot. On a good 
shooting day, game of various sorts fills the bag. There 
are no rabbits, except on the islands in Saldanha Bay. 
Shooting parties to the most distant parts of the colony, on 
the othor side of the mountains (overberg), frequently take 

etce. In diese die Indians, being unoccupied, take the 
d. The houses of the boers are generaUy very inferior 
to those on the Cape side ; and the swarms of .flies, fleas, 
&c. experienced on these occasions, corroborate our credit 
of the history of the jdagues of Pharaoh. To avoid the 
want of accommodation and nuisance, it is advisable to 
pitch tents. 

The rcd*winged partridge is in abundance (overberg), 
awl hSBBmg twenty brace of birds in a morning is not an 



(TAVl^ TOWS. 161 

ttimdual task for a sportsrman to perform. Snipes abootid 
so muchin particular valleys, near tke warm baths, that to 
describe the quantity would exceed belief. Bastards^ of 
more than one sort, are found in plenty ; but it is on Oroene 
Kloof, or the flats of Swarthind, and near the Twenty-fou*- 
River, and toward Saldanha Bay, on the Cape side of the 
mountains and Berg River, that the sportsman follow*s 
bucks (antelopes), shooting with most vigour and success. 
The English use double-barrel guns ; one barrel of which is 
iMded with buck-shot, and the othjer with smaller shot, 'in 
order to be prepared for the variety of game which presents 
itself. 

The boers carry heavy long single-barrel guns, with 
which they almost unerringly bring down an antelope, 4f 
within 100 yards. They shoot with great precision, but 
only at the larger game ; holding partridge shooting in coa- 
teinpt. In the months of September, and .October/ the 
quails are in surprizing flights or bevies, ^nd-my nambiu* 
may be shot. The quails migrate early in November, 
•except from Robben Inland in Table Bay, wheuce tfeey 
cannot fly to the mainland ; and, like a man in a jaih remttki 
from the impossibility of getting out. .• 

There is one sad alloy to the pleasure of sporting, in thfe 
difficulty of rearing dogs.- The distemper, distinct from iknt 
of Euglsmd, usually destroys them when puppies fro«i>four 
to ^ix months old. If they do not take^the distemper at ^thfit 
age, they are not clear of danger ; and all, sooner oriater, 
receive the infeetioii. It aflects chiefly the gall imd bladder, 
and is attended by a violent fever, which no medicine u^ 
pears to reach; and, if they do not recover by anie&>it pf 
nature, usually die in a very few hours. Mercury, 'anti- 
mony, and every other remedy has been tried ^ but as yet 
no specific has been discovered. The hydrophobia -wds 
\inknown here, till within a few months; atwuieh ttnle:a 
slave^boy, bitten by a dog, died of that disease; IhiI^ as 
other individuals, and also animals, were bitten by the sasie 
dog, and no bad effects followed, it might arise poss ibiy 
from some other cause. That this should be so is moat 
desirable; for the number of dogs in Cape Town il so 
great, that no one would be safe from the danger of hydro- 
phobia. In addition to the most extraordinary breedxVf diiiri- 
nutive lap-dogs, of which each house has a portion, iiii4i#6e 
long hair is combed and washed almost daily, numerotw 

M 



M2 CAP£ TOWN* 

uiMHMieil dog«, of « toger dfsoi^i0«# roan 'f^boiil m {Micks. 
TlKeAe «mmala Jive «nd grow fat on the offal of tbe Ash- 
market* «iid of the buk^ry; and after a nightly repose 
WMier the warm covert of the o^thonaes, rush tunftultu^usily 
at dawn to the sea-shore, with the Gcy« but not with the 
«ielody» of a pack qf hounds* There they are gorged wkh 
the offal') and during the d^y, except their haunts suffer 
fram i^truaion* they are quiets — Numerous as the beggars 
w Eiivope, th«y aipe not so importunate ; but the whip will 
dismiss thiaae* whilst the pertinacity of the beggar cun 
0m\y be conquered by a gift. The Cape-Dutch, who like a 
little snarling, say, that at the capture the English intro- 
'dueed the garden-louse to deettroy the vegetables ; that the 
English settlers brought the roest to destroy the wheat; 
and that the regiments lately arrived are accompanied by 
the hydroplu>bia to destroy the inhabitants. 

A subscription pack of fox-hounds is on the list of Cape 
amusements. The Jackall (fox of the Cape) differs little from 
llietmmmon one ; it is something larger than an English fo^, 
«id a stontrunner ; but tb0 hounds are in force and mettle, 
;and it is a game jaokall which can »tand for one hour. The 
duiker, a powernil antelope, affords capital sport ; but t|»e 
lesser o«es are disdained. There are neither hedges nor 
djkches; but mountains, sand hills, and mole holes, of 
dimensions and d^pth not to be believed by any one uniw:- 
quainted with the Cape. The jackall, like the fp^ well 
knows how to play bis game and to direct his course rightly, 
when life is at stake. Nature, which has given a fine nose 
and foot to the hound for atjtack, has given cunning to the 
jackall for defence. The hounds are under the management 
af a skilful, keen, and excellent sportsman, whose only 
quarrel widi Homer and Virgil is, ^at in the descent.of 
dieir respective heroes to the Elysian fields, fox-huntii)g is 
not stated, on their return, as the favourite ^port of lihe 
;<< mighty shades." Few of the Cape^Dutch subscribe a> 
dm foxohoands ; but in whatever regards the destructioill 
of ^ame of the larger kind, the wolf, the tiger, or ijhA^ 
'oatnch, they are foremost in the field. /^^^ 

The Cape races^ which take place in September and "^ 
-Afol, cause considerable interest, and furnish a atrong ^ 

attraction. Many of the best bred l^orses had been sent to 
Manritiiis and India in 1821, and the ^port slackened ; but 
the incMase of young produce this year, from English 



CAYS TOW^« IBS 

hofBtB, esmted « i^aM* i»lei«tt. Tbe lM»ers^ ^lio are tbe 
ebief breedel^B, JDia eagerly in racing; and tw<>of the prk^ 
ci|»l ones offered a purse of 400 rix^doUars to be run for 
bj prodoce of tbeir respective studsi 

Tbe Indian geallemen are a great support to the races ; 
imd have proved, by succesa, ^etr title to be considered 
good judges of the probable speed of an uatned racer* 
Aa extraordinary custom prevails here of an owner entering 
his bosses in an assumed name. If it be« disgrace to a 

Entleman to be the acknowledged proprietor oi a raee-^ 
rse, he ought to abstain^ and not have any concecn in the 
transaction. The disguise of an uidcnown naoie excites 
curiosity; and the real one is soon discovered. — The 
ostridi puts its head behind a bush, and ftmcies. itaelf coikT 
cealed. The Olympic games were attended by all thai 
was great and glorious ; and^ to be victor in the chaaot 
mce, for tn diat way the horses were then trained, in- 
creased the pride, and added ta the fame and glonf ,' of a 
king and an hero. Akibiades, who, besides being the 
bravest general, was the finest gentleman of his day in 
Adiens^ and in aU Greece, sent seven chariots to the 
Olympic games, and gained die first, second, and third 
prizes; bnt so differently did he reason, lliat the vakied 
part of the priise was the name of Akibiades, pubUshed 
thro^h all Ureece, as die victor^ and proclaimed aloud by 
a herald. 

It is on tbe moeToourse that the display of pleasuse wag-^ 
gons^ carriages, and horaes tak^s place; for whtat is.dift4 
persed at other seasons, is there collected ; and it Wi)ukl 
surprize a stranger to see, at the point of South Africa, so 
maay £ishio«aMe carrides, chariots, barouches with four 
horses, landaus, tilburies, and dennets. It is <triiey that the 
greater part of the merchants' horses were wori&ing in a 
waggon die day before, and will do M> th» day .after -the 
race, when their owners netum to the duties of their shops 
and stores. No part of the inhabitants makes a greater 
display than the lawyers. The leading advocates of the 
day sport barouches and four, on which they drive, or are 
driven, reminding the beholder of the 5th chap. 2d book 
of Kings, vers^ 9- The next in rank are content with a 
dirride ; and' the notary follows in a solitary g^;. Physic 
also asserts her claim of distinction. The physician in his 
chariot with four greys, the surgeon in his barouche or 

M 2 



104 CAPB iTOWKi 

ttiburyi and the apothecary on kk hack, padsifig the foti^ 
bmal-^romid with an averted eye, hagt^» to the spot. It 
18 a joyous scene — all are busy ; and during the race weekr 
care seems to be given to the winds. The Saturday after 
the race is pay-day ; when some experience the pangs of a 
chancellor of exchequer, in his labour to find ways and 
means to meet the supply wanted. 

The races have been the principal cause of improvem^t 
of the Gape horse ; the boers now, possessing high-bred 
English stallions, feel great satisfaction at the Ikrst victory of 
a colt from their stud. The Cape mares are small ; but as 
their size and shape will be increased, both by import, and 
by the young mares now growing up from English stallions, 
there will be a race of horses equal to any in £iirope> in 
the course of a few years% 

Company^ dan<ing, and the theatre, are^ to the taa^e of 
aU i but the habits of the Dutch and English are not aa 
yet sufficiendy amalgamated to allow them to associate and 
mix in tlie same free manner as is usual with indiViduak of 
a common stock% The heads of the society of each nation 
diiie together, vei^ much in the English style; the governor 
is also liberal in his invitations to both Cape-Dut(^h and 
Englisln and adds much to the hospitality of the places 
The Cope has been described as not abounding in claasi<| 
lore; bot if the accusers had ever partaken of the excellent 
wine and dinner of the late acting governor, they would 
have been eclified by the Latin and Oreek quotations of 
his excellency, ai>d retracted their charge. It must, bow- 
ever, be granted, that die guests did not always appear tq 
understand the quotations ; bait if the govemer lai:^hed^ 
they langhed too. The private entertainments, whedrar 
given by the Dut<^h or the English^ are in good style, and 
abound in aU the delicacies of the season."*^ . The glass ctr^ 
ciilates freely to a late hour, except when the entertainment 
closes with music or dancing. Musical parties occasionally 



• To the Lovers of cood Eating. 
TURTLE SOUP. 
(At the London Hotel, Hout-street.) 
A fine fresh turtle, just arrived from the Island of AscefisioD) v^rill bd 
draseed this morning, by a{)n9fe3sional cook, (late turtle dressar to his 
exoeUency the lata acting governor,) and sold at the following prices :— 
Per pint, 3 rds. ; per quart, 5 rds. ; per gallon, ?0 rds. 
Saturday, 30th Mai^h, 1B^2. 



take place frt ^e Cape ; and tKere are not waating prrriM 
performers of taste and eiceeution ; but die professors 'are 
few knd not eminent. I^ancing is-' the favourite amaisem^ 
of the 'Cape kdies; for all prefei^ to do that in which they 
most ext^. In addition to the dances at pmate, houses, 
diere are subscription assemblies at the Society-houve dtir^ 
ittg winter^ well attended by the English and Cape»Dutc^« 
« The Cape^Dutch girls hafve an inherent inclination for 
dress and ornament; and as ladies in general are itiUy and 
daily instructed by the looking'^glass^ in the c^our atid 
taMon best suited to their respective form and com*- 
plexioUy the assemblies are adorned bj every appearaHc^ 
of femile elegance and taste. The ladies (k the cblohy, 
tvhether 'English or Cape-Dutch^ appear to be Httle> if at 
all, inferior in grace and activity to the usual standend t)f 
London dancing, and superior to most of the prcmkidat 
assemblies f but they cannot be expected to keep pace witfa 
the ei^uisite movements of the elegantes of a court. The 
.waltz or quadrille are now the high Cape tone ; and 
xjountry, now termed kitchen dances, are neglected. Qua^ 
idrilles and cotillons were danced generally by the Cape-- 
Diitch, before the' conquest of the Englisfa; apd to <^blige 
them, die Dutch Indies give up the quadrille> which thp 
English could not then dance, and adopted ' what is 
called the country dance. The young Cape ladies are 
not deficient in personal charms, and although there 
are here none of those commanding beauties, which 
abound in Europe, and particularly in England, farmed 
to captivate all beholders, the Cape may boast of a 
galaxy of pretty young women. To these dancing assemblies 
af lady may go with her brother, or a friend, or alone, with*- 
out fear of impertinent remark or intrusion. And she 
may return on foot at night, unattended, except by b^ 
slave with a lantern, without the slightest apprehension 
of aUrm or insult. High Life below Stairs, a well kvoven 
farce, in all places and in all ages, is acted here. Laura 
and Gil Bias, the lady's maid and the valet, will be found 
in all places, qualified to counterfeit the young widow qf 
quality and die Spanish grandee. Whibt the public and 
private balls of the upper classes are gping on, there are 
continual dances amongst the other orders, denominated 
rainbow balls, composed of eadi different hue in. tiiis many 
coloured town. ' The females are ckiefiy slave girls of ti^ 



106 CAYA TOV^tfi 

iiitt dftsa^ aud giria who iMte acq«ire«l tfcw Ir«|ed0iti; 
Slid amongat die men nre seen officera, inerchwil8« iM 
young Dutchmen. It cannot be pretended, tha^ Iheae 
meetings add to the morals of the town. However that 
may be^ every thing during the ball is ccmducted with dme 
decorum. The ladies imitaJte the manner^ co9ver$atioA, 
and dancing of their mistressea^ and nearly e^ual them m 
dress; and> when the dance is over, it is not aeceswy to 
fk^ov the parties into retirement. Besides these raiabofW 
dances, there are others, in which the negroes are engaged y 
and aldiough a few of these dances take place every mgb% 
yet the grand display is in the outskirts of the town, I9 
wfaidi the black population rush, on a Sunday, (as the £ng* 
bsh do to Greenwich on Easter Monday,) aiKl go through 
their various awkward movements in ^uick or dow time, «c* 
cording to the taste of the dancers^ The Sunday dance is 
accompanied by native music of every description. The 
slave boys from Madagascar and Mosambique bring the 
stringed instruments of their respective tribes and nation, 
from which they force sounds, which they regard asmuslo- 
dious. The love of dancing is a ruling passion throughout 
the Cape population in every rank ; but music, though a 
pursuk favoured by a small part of the society, is here a 
passion with the negro alone. 

The play-house is a favourite place of amusement, and 
tirare exists a considerable degree of theatrical talent. 
The Cape-Dutch have not as yet been able to support 
ji regular theatre, with a company of actors ; but, until this 
•season, a sufficiency of amateur performers was always to 
be found. There was a convenient play-house in St. 
John^s-street, where farces (petites pieces) in Dutch were 
acted once a fortnight. No money was received at the 
door, but the subscribers gave tickets liberally to the Eng- 
lish who were inclined to attend. This theatre has the 
advantage of actresses, for some of the Cape-Dutch young 
ladies have talents for the stage. It is understood that this 
i^eeable little theatre was abandoned, in consequence of 
private disagreements, which, in the paucity of places of 
imiusement, is much to be regretted. The only objection 
to it might pei^ps be, that some of the pieces were ratiier 
too broad for English manners. 

There is a regular built theatre, abcHit the size of those in 
English country towos^ in the Hottentot's^square. The 



CAPE TOWN. 167 

9bmm9^ kwe got iaio die posseMiion of the Eoglisli; imd 
JQiigliak fnfoesy comediea^ and tragedies^ were p%rfonm9i, 
ii» immg as tbe artngr wasvimefona esough to fbraiBh «tte«r 
Mtors. Since the peaces plajs have been, oocasionalfy got 
•lip, wid two aisteesses, oit^their way toOalcotta, perfonmd 
for one ^eaaon. Aa thefe^reni w^d^ a suffickm^ of toient* 
blse anateur pli^ect to perfonn with tbeiii^ they w»e re- 
eeii^ mUh desenred applavae. The ooBtimutnoe of a 
tb^atite w«t. a desirable ol^ct» as the Cape-DiMoh fire*- 
^jMMilad it regular)])!, and it bixiugfat dieaa a«d the Eng^sh 
inbo nearer contael. > 0£ late there has been oa perform^ 
ance ; for although many actors remain, who. can endure a 
flaw-booed fellow of six £e€t high peifemisg the pirt of 
JuU^Rt or Lady Teazle ? and Aere are here at present »o 
Efciglish females who have confidence enough t» tread the 
be»rds. NoJbhing is so disgusting as the pubUe ednbition 
of a man in petticoats, acting a female part in a lose sceaei 
•It is not so with the other sex. When an actress assumes 
tJm character of Sir Harry Wildair, although at the first en^ 
traeace the fan sticks may be raised before tiie fece, iheyare 
jMHwi dropt. Curiosity, ^ccompaokd by admirati^, is 
gratified at seeing a female of elegant symmetry and form> 
act with spirit and effect, the part of one of the lordft^ oi the 
creation.. None of doubtful appearance are adanitted to 
those seats in the theatre where, by their behaviour, they 
mght put modesty to the blusk; nor are the eyes of imio* 
ceoce offended by &e effirontery of immodest woinen, <or of 
men heated by intemperance. If tiberfinism doe» prevail 
in private, the eye and ear are guarded frouthe pubUc die* 
play of indecent conducts 

No surer proof of the kind disposition of the Dutch 
Heed be offered, than the firequent addp^nr of cbiMren^ of 
persons not related to.them> whose parents mi^ be dead or 
may have met with mi^ortuue. In Englandi^ it is not uBtt** 
8«tri to find those, who are ashamed o£ th^r poor relatives; 
but at &e Cape it is totally different* They find protedons 
and fnends ; and by cuatona, though not by law> a godfethef 
or godmother con£^er it to.be a bounden duty, a(t the least 
to take care> that the childnea of tiieir deceased or ia^KH 
^Kished friends be put to a school, and finally in some waif 
enabled to provide for t^maelvesu This love of adoption 
is <?«riied so fen thiut a manried cotipte saying m a shop, 
tbait tb^y kdiew^ not wibat to do wttktkeiraisw^born iqfiftttti 



ISB CAPK TO^K. 

were cHrerbeard by the raaster^ who subinisaivdy askeil tc^ 
.be aUowed to take the child. It was granted as a jeke,afift 
the next momingy to tbe otter surprize of tbe parties, alietK 
dtBts with a sedan-chair called to take the cbiM ; and 0tkm 
return back empty, the shopkeeper dedavad' himself to be 
extnemely ill used, in being deprived of the promised "pft. ' 
• > -There are three forms, under any one of which die mar- 
riage ceremony may take place : by special Uoense i«a reony, 
hy licenses in the church or vestry, or by the usoal bamw* 
The majority of nuurriages takes place in the chuitcb dnrii^ 
aervice <^n a Sunday, There are fiore poor than rich,'aMl 
BO (eta are paid when the ceremony is so performed, if 
thQ parties are married on a week day, er on Sunday, iit 
Ihe vestry, a fee of twenty-five rix-dollars becomes due. 

Great festivities take plac^at a Dutch wedding, and the 
neigbb^uring friends and connexions are invited. £atiiig» 
drinking, dancing, and mirth more boisterous and rude 
than modern European manners permit, accompany the 
matrimonial scene^ A jubilee of several days is not un- 
uaual in the best families of the Cape, and on this single 
happy occasion, the nation appears to lorget its discreet 
^d sober habits, and, laying aside decency and decorum,. 
abaiwloBa itself to gross and di^usting revehry« 
. The parents after the mwrriage will not permit the young 
couple I to leave the house, u*til they have found opportu- 
nilyto settle themselves satia^torily ; and, in a short time 
after, .they adopt the usual regular habits of domestic Ufe* 
The wife attemls to att the household duties, and the hus- 
band to his term, his business, or his profession. Marriages 
are generally as happy as those of any other part <^ the 
WorM« The women are prudent wives, and affectionate 
mothers; and were it notifor the blameable facility of legal 
•eparatioa, which enoourages vicious practices in both parr 
tias» the discord of married couples would be very rant).. 
But. to separate is so easy, that trifling disputes rise to dis- 
like, and so on to divorce. The grand specific for die hap- 
piness of married life, '* to bear and forbear,'' is unknown 
at the Cape. Money b not the principal object ki maiu 
riage here, for none are ashamed to work : those who are 
in the praetice,of agriculture, of trade, and of mechanics, ue 
not held in li^ht estimation, «id no one ^kmbts of gaining 
a competent hvelihood after marriage. Incontinent wiv^ 
and proA^iale husbands are to be found ; for the re^on^ of 



CAPE TOW». IW 

perftfot' c(>i«(kfet^ and' utifoding teipt^in^^yli^s- n6t <m Ais 
side the grave. •> 

Bariy ripeness produces premature deeay. An active 
baudsome girl of fifteen^ become a wife« frequenllj ht 
tr€fas«^s to an enormous size before she is thirty ; and in fire 
'years inore> an age at which, in Europe, there stiH remaiiv 
much mature beauty, appears to be im old woman ; l^rfbre 
tk^t period, die bounty of nature has sometimes furnished 
her wkfa an immense additional load of fat from the hip to 
liie knee, and of flesh and bone from the knee to the anele. 
It is, hoii^ever, by no mean« universal, for there at« Indies 
who- retain to the last their due proportions of shape arid 
lyeauty. A rare specimen of the size of a native female was 
^furnished in the person of the Hottentot Venus, who wefirt 
to London, and died in France, a few years since; It 
-wonU not have been difficult to have foand three Hottentot 
-graces of the same calibre, for her accompaniment; btit k 
'is only in women and sheep, which are mdigenous, that 
natulie is so profusely prodigal at the Cape. 

The baptisms and christenings of children in the Capefr 
Dutch chapels are not attend^ with any particular cere- 
moiiy. The sponsors are not required to attend. It is 
^sufficient that their names are delivered to the predicant, 
and to the officers of the church. 

The funeral ceremony is an outrage upon all our EiUfo- 
pean feelings. After the decease, the relations and friends 
-«ref invited to the funeral, which usually takes pliace with 
one intervening dayl If the individual is of consequeik^e, 
the eoncontse is great> and previous to the sepulture^ which 
takes' place about five in the afternoon, the company are re- 
ceived in the apartments, where every kind of refreshment 
Sis provided; When every thing is prepared, the undertake^ 
appears, avid calls npon'the relatives to follow the coffin, in 
order of consanguinity ; and the whole ^arty goes in pro- 
cession to the family vault, which is frequently in the gar- 
<len; • No clergyman attends professionally, nor is any 
dnirch service jicrformcd, on the principle that, the spirit 
•hkvksg left the body, what remains is only worthless dust. 
Arrived at the cemetery, the coffin is placed therein, friendis 
and" relations standing around. A mason stands prepared, 
and the tinnb is closed, so to remain till another subject of 
death's dreary kingdom is presented for admittance. The 

:-. . ; -' \ \ .. . 



170 CAFE TOMTIT* 

•lhe«4aoli retilra 4o tbe fous^, and reg«le ih^madveftH^iDi 
cake and wine. 

It is matter of surprizej tfant anioilg0t so well eondneted a 
peopfe> there should not be found a more serioua deport- 
intent* on so 6<4em« an occasion. In England, the lo«s of a 
ffuevit,, of a near relatiow^ or of a friend, calls forth the most 
poignant feelings* The awfulness of the ceremony ,1 accoffd- 
•ing to the rites of the English church, and the recollection 
fthat this is a solemn scene, in which all, sooner or later, 
,mmt bear their part, might be expected to weigh serion^ 
uiposi the mind of every reflecting person ; but al the Cape 
it is otherwise considered. When concluded, the whole 
party talk of their several affairs as though nothili^ serious 
liad intervened. Within a month after, the public sale of 
liie effects takes place, when different members of the Ai- 
maJy frequently bid against each other, for a stove or an iw- 
tide of furniture, with a rancorous pertinacity. The feel- 
ings of iraternal love is here very subordinate to that of filial 
duty ; and though piety to parents is idmost general, ^ 
jealousy of brothers and sisters of the same family too often 
appears. A very considerable, and on oUier occasions re- 
ifpectable man, a short time since desired, when at the pcMnt 
of death, to be reconciled to a brother whom he had not 
noticed for fifteen years. It is the etiquette of the place 
hff the widow or children to insert the death in the next 
Cape Gazette in an advertisement, frequency containing 
the most ridiculous eulogium on the deceased, and an in- 
flated account of regret which is not always felt. 

' Died, on the 6th ins^nt, my dearly beloved wife, Maria 
Mag« Hoffman, aged thirty-one years and six months; of 
which sorrowful loss to myself and children, I hereby give 
notice to relatives and friends, and request to be exciutd 
Xh^ visits of condoknce. J. L. IMMELM AN. 

Stellenbosch, 10th May, 18^1. 



' This day, at eleven o'clock, departed this life, my be- 
loved husband, J. A. Basson, aged forty-four years, eigbt 
months, and twenty-six days. I give notice of this sorrowidl 
h>sa to relatives and friends, and request to be excnaed the 
visits of condolence. Widow M. M. BASSON, 

Keesenbosch, 12th May, 1821. Bom Basson. 

Only one British lady has as yet honoured a Cape-Dutch 



siona} educati<»i» and the conaequence anqbabU^ ofhi^ Ui/r 
.milj^^.alttaqhefi to lE^p^gLush maimers, custooE^.aAid 9Q<(iety9 he 
^an hardly b^ po»9idered in any ather Ugbt but that of 
an Ef^Ushm^U), Very frequent marriagea take place be** 
tween EngUsh gentlemen and Cape ladies; but the pk^asioji^ 
and engaging manners of the Cape-Putch girls^ and tbeii' 
„\ivacity,lei$s forward than that of tl^ Fnench, but enough so 
to subdue English coldness, is quite at variaa<?e wilh th^ 
obtru^ve presumption of the younger part of the other aei^ 
^a^d in thein^ it is npt to be denied, djiat abundant; matwM^ 
e^ist, which, when properly worked> form a totally diffei:eia;t 
«MU)« Ignorant of the gradations of society, aiM) lUiacr' 
quainted with the deference due to superiors, what can be 
expected from the youth, who, at the age of fifteen, ia lent 
from his familY house as clerk in one of the public offices, 
the usual finish to the education of the young giantiemen of 
the colony. Here he learns obedience to the head of his 
^ffic^, with a little awe of the fiscal, and chief justice, wh^ 
can punbh, and of the cplonial secretary, who can recoi^tr 
mend to prpmotion : smd thus he is fitted for society ; yet, 
with all these chances against him, from the natural good 
feelings of the mind, the individual generally turns out a re* 
.spectdble character, as he advances a little mtx> life. 

There are several little excursions from, Cape Town eYr 
Uemefy pleasing. Rondebosch, Wynberg, Coustantia,and 
gout's Bay, are all within a day's ride. This is the moat 
beautiful part of the Peninsula, abounding in shade ao^ 
water, which cause it to be the preferred summer resort of 
the Cape. The government house at Newlands, replete 
with taste and elegance, is a most acceptable summer re- 
tr^ in a hot climate. From it, through the cantonment of 
Wynberg, between the two bays, a most delightful spot, 
where, during the war, a force was stationed, you go on to 
the Constantias, two wine farms, noted in every book writ- 
ten on the Cape ; but they are no where over-valued. The 
beauj^ and scenery of these houses and vineyards attract all 
visitors, and the courtesy of the owners causes every one to 
go away with a high sense of the kindness of the par^f j^« 
Here liberality meets its due rewards ; for there requires 
little more market for the Constantia wine, than the well- 
pleased visitors afibrd. 

Proceeding to Hout's Bay, through a hill along the south- 



easftetn side'bf Table Mountam, tiie tnassive stoites and the 
dieep ravines fill the mind with awe. The Valley ' under- 
neath, between the road and the mountains^ abounding in 
water, has hitherto continued to be uncultiviited ; but, as a 
"pvitt of it has lately been granted on quit-rent, it is to be 
expected that this valuable spot in the vicinity of the Cape 
will add to the produce and beauty of the neighbourhood. 

In approaching the Bay, you arrive at the place of Myn- 
heer Van Helsdingen; and such is the kindness of the owner^ 
that, whilst he shows you around his vineyards and his gar- 
fiens, you feel shatne in permitting your mind to receive an 
impression of the little that is gained in the way of improve- 
ment, when compared with the powers which the place af- 
fdrds ; but the owner possesses more than his utmost wants, 
ahd the spur of hecessity has no force. 
' Sb much has been written about the merits and demerits 
of Houts Bay, that it would ill be(^ome an ignorant finds- 
man to presume to give any opinion, and the reader is re- 
ferred to two reports, (Appendix, L. and M.) whereby hfe 
maybe enabled to draw his own conclusions. 

There is a more extended tour, beginning with Hotten- 
tot's Holland, to which the road from Cape Town leads 
across the sandy flat and heavy sand-hills between Table Bay 
and Simon's Bay. These downs, from their marine appear- 
ance, the quality of the surface and the number of shells found 
throughout, ^bove and under, are by some conjectured to have 
"been, in times of yore, covered by the oceaVi, insulating the 
Ta*ble and Lion Mountains, and the elevated lands widiin and 
around them ; whilst others, in a spirit of prophecy, proclaim, 
that, in some future convulsion, such will be the case, by 
the sea bursting its banks, and submerging the whole level 
'fi-bm bay to bay. In the meantime, however, by' traversing 
these sands and hills, the village of Somerset is attained, 
through which is the direct road to the Hottentot Holland 
KWof, thte grand communication between Cape Town and 
th6 eastern part of the colony. A handsome churich has 
'been erected, and the village already is of some importance. 
* jPVbm' the partiality originally shown to this pleasing part 
of'the ^colony by the earlier Dutch inhabitants, it received 
Ihe name of Hottentot Holland ; and Mynheer Vander Stell, 
governor; about the year 1699, had here his residence, oc- 
cupied a larg^ part of the country between the Kloof and 



%hm sea; but ia A^ jear* I7il, Governor Van Asswiberg 
transferred to diflereet individuals the still exisUag places 
heretofore in the. hands oi Governor Vander Stell* 
. The country abounds in corn, fruit, and wine, and the 
principal houses are protected and adorned by lofty tf ec^* 
The stream of water is abundant, and nature has been lir 
beral in her gifts to this favoured spot.. 

The Hottentot mountains form, from the kloof, a girdk 
«t the edge of the flat country, till they close upon the ae«| 
and that part forming Gordon's Bay on. the eastern aide 
of False Bay, stretching to the south-wefit^ 

Inner Gx>rdon'8 Bay affords good aadiorage in fivef»* 
4faomi» and a half on sandy ground, a cable's length irom;the 
shore. Ships M^orksng out from Simon's Bay may receive 
shelter, for the night, anchoring with a Jkedge, or stream ann 
dhor, lying in safety in a sputh-east wind, and stretch OjUftai 
day-l^d(. The bay is equally good for ships standing' intq 
Simian's Bay, desirous to. anchor at liight; and there is^UQ 
difficulty for ships, having a chart of False Bf^. . , : . ; ) 

There are £ne streams of excellent water runnings ff^Mnt 
the mountains into the bay. . / , in 

• The seath-west is the wind least safe in .Gordon's Bay, 
as it beings a swell into the anchorage.; bat it. rarely blow'ct 
borne, or becomes more than a stiff breeze. . ^i: 

The.land forpling the bay<, and in the neighbourhood, wa^ 
the property of Henry Alexander ; and sudh was his predit 
lection for this part of the colony, such, his sanguine exp^oi 
tationof its future valuer that he declared^is belief, thiEit»ftl 
some future period, liis estates in Hottentot's .HoliUnd,* hia 
wbale fishery, and his harbour at Gordon's Bay, would 
greatly exceed the value, of any one of the counties in Ire^ 
land. Expectations so extravagant could never |»e reali^edi 
but there were solid grounds to consider Hottentot's HoIt 
land as a valuable passemon adapted for a very consideuadble 
establisbmeht. . .. I •/ 

If the life of Mr. Ale&ander had been prolong^ * uuitil 
the arrival of tl^e settlers in 1820^ hie bad the means of iiold'-^ 
ing out advantages superior to those of any other par^ ^S 
the colony. By.tte arrival of such a popula^on, a {>act oC 
which was from Ireland, a villager 4^ Gordon's Bay, hiftdar': 
^ng hope, hi» theme 1^ day^ bis dream by night,. migfat,^^and 
probably would, have been easily and advantageously acconi4 
plashed. . 



174 CAFE T4IWN* 

Tke ske of tbis covntoy, tiirou^ wbicli mety Ihiag tnH 
trtHing from the eastern interior passes ta the capital, ghres 
an opportunity of purchasing produce to any eaAexiU The 
inbabitnnts and the n«val eeiablishnient of Simon's Town, 
directly opposite, could receive dietr supplies of poultry, 
TBgetaUes, com, cattle, and wine, by sea carriage from Gor- 
don's Bay. These various articles now go by land from the 
mterior to Cape Town ; and> in the Cape market, they are 
purchased at an increased rate, and sent by expensive land*- 
oaniage to Simon's Town. The whale fishery, if connected 
with one undertaken for the salting of sea-fish, which may 
be CBimght in the bay in any quantity, would give to the boer 
a moat desirable return for ms com and catde, and would 
be a most valuable export to Cape I'own, fiitty employing 
and recompensing the settlers* The country is more tiamm 
convpetont to maintain any population necessary for the 
purpose, and offers present emoyment and future prospects 
more teal than the visions of the Zureveldt. This estate of 
Gordon's Bay now belongs to a gentleman residmg in 
England, by whom it is to be hoped these fak prospects 
mi^ eventually be realized. 

Stdlenbosch is one of the fruit-gardens and vineyavds of 
South Africa. In the months of January and Febsfuary^ 
there is no place, probably, in the world, where grape% 
peskJies, and nectarines are in such general plenty and pei> 
feeeioq. The village of Stellenbosch is picturesque, aboifiadh 
ing in oak trees of large size, and havmg riUs of .watei* 
running through the streets; but from the vicinity of • tbe 
mountaiiM, and the prevalence of sonth-^easterly winds in 
the months of December, January^ and February, it t^^ebD-^ 
tremaiy het Here are good accommodations for«trangera 
in boacrding^houses at about six rix*doUars per day, be^ 
sides a hotel of no mean quality. 

1%e boarding-houses, both beare and in Cape Tdwii^ 
which are supplied with every thing necessary for the conn 
iMt of domestic life, are kept chiefiy by respectable widows 
of %be best families in the Cape« The expense of living 
ibepe does not exceed ten shillings par day, and many I»t 
imM prefer it to hotisekeeping, rendered .troublesome on 
aoeonnt of servants. Some of the widow ladies have pretty 
Aanghters, and a man must be on his guards or, in seekmg 
H^eia, he may yield to the temptations of Hymen. 

From Stellenbosch, the usual progress takes ta the Paarii 



€AP^ TpW>K. 176 

taoibeir colonbl via^afd, a loog avd haii4«ome f iRage, 
l»etween a stone mountaia on one side, md tbe Berg River 
on the olhen The heat here is excessive in summer ; and 
having »e«n the place, a stranger is restless till he leaves it. 

The next spot is tbe Wa^on^oiaker's Valley, where, tbe 
gold^a apples of the Hesperides abound* without thedri^OB 
to protect them* The produce of the orange trees is so great, 
that it is difiicult to gain belief, except from one who bas 
1>een an eye-witness ; but the truth is, that in the beautiful 
and picturesque gardens of JufvrouwLategan^at Dool Hof« 
the orange trees measure the height of 55 feet. The produde 
of two young trees, each ten years old, amounted to 15,500 
oranges, besides windfalls ; and, from the entire orangery^ 
the yearly gathering of oranges fills sixty-five waggons^ 
each contaimng 5,000, picked during the two months of Sei|»- 
tember and October. More could be sent to Cape Town 
fren this stable place, but waggons are wanting, amd .the 
remainder is distilled for brandy. 

It is a {feasant continuation of this ride within the mounr 
taint, to viait the different farms on the Berg River, ai^ 
then to incline towards Saldanha Bay, about which so 
vittch has been published. Mr. Barrow has entered at 
length into its merits, and more needniotibe advanced in 
|iraise of tbe security of Saldanha Bay* In abatement idf 
its merits, it should be considered, that, although eaaibjr 
entered by all ships, it is difficult for any but a vessel of ¥^ 
to work out, and that a continuation of south-west winds 
may cause a tedious detention^ So great, also, is the wmrt 
of water, that when Sir Roger Curties sent tbe Rattkt- 
snake and a brig of wair to be hove down and repaired in the 
bay» it was found necessary soon after to dispatch thilhet 
a^vessel laden with water. The land difficulties ai«.as great; 
surrounded by high and deep hills of moving «and, acensii 
to Saldanha Bay is tedious and diffiM:ttlt, amounting t^ such 
a hindrance as would be intolerable, v^re there tobeimidi 
population at the bay ; and so unfit for cultivation and agr^ 
cukure is this fai>famed spot, that Mr. W* Parker^ a. aavr 
guine settler^ has abandoned a place, to which he was. 40 
partial at landing, that he purchased an extensive farai» 
running along the edge of the bay. Tbe true applicatiim 
of Saldanha Bay is fcnr the feeding of oattle, and jfbr, this 
purpose these places ate most excellently adapted. Tbe 



176 CA1ȣ TOWN. 

remark of oM of the earti^st and best informed BngHiii 
residents is worthy of notice : ''The old Dutchmen, who 
first formed the establishments of this colony* had more 
under their nightcaps than most people give them credit 
for ; for every one who reflects, must observe the prudent 
advantages they have taken of the localities of the place%" 

The road back to Cape Town leads through the Groene 
Kloof, one of the l>est cultivated spots in the colony. Grote 
Post, the government farm, has been the breeding place for 
the dispersion of cattle of the best blood and s)iape thrpugh 
die colony. The improvement has been so rapid, that 
they are abundant on the farms of the boers, and this ob- 
ject is no longer necessary ; but barley, corn, and hay, for 
the supply of the capital, is here grown in abundance^ 
The Groene Kloof is only a short d^y s journey from Cape 
Town. ^ 

FroMi the picture presented, it is not to be inferred, that 
there is not probably the same proportion of physical and 
moral evil at the Cape of Good Hope as elsewhere* Apo- 
plexy, patsy, and gout are endemial, and prove fatal at an 
early period of life, ari^ng possibly from the fat and gross 
diet of the Cape-Dutch iiihabitants,vand ifrdm ^ habit; now 
wearing out, of retiring to sleep immediately after diniieK 
Fever, colds, and consumption assert their power also^ of 
draining the world of inhabitants ; and there is) a^ rheumatic 
afiecttbn, called the Sinkings, which shqwis itself in swells 
iBgs,<liicu8 a non lucendo>) and is^ painful. Longievi^ i* 
not common among the natives/but the climate ap^ar^ to 
be veiy congenial to Eurdpeans. The Cape-Dutch cha- 
racter ha» its faults as well as that of all other nations; the 
love of ga)n>^ even if acquired by trick, is uppermost in (he 
mind. To this every thing gives way, and to gain a rf)p> 
doHar is the glory of a Cape-Dutchman. Usury is prac^ 
tised tb a considerable extent : and to be regarded as a f icfa 
man is the darling object of them all. The ceremony prac^ 
tbed by the inhabitants towards each other is sometimes 
ridiculous, extending even to the lowest class, who in pass* 
ii^ pull off to each other their worn-oat hats> andl>owto 
the ground. The power exercised over slaved gives ■ to 
every Christian man (for that is the term) so mtich distiM-' 
tion, that pomp in rags displays its superiority even in' the 
street. Phlegmatic Us the people are, they cannot bear 
raillery. If you tell a Cape-Dutchman, that, by the treaty 



CAPE TOWN. 177 

of Paris, he and all his family were sold for thirty-three 
pounds sterling per head, that being the amount at which^ 
as one of 90,000, he was valued, when three millions were 
paid to the King of the Netherlands, he becomes most 
indignant. It is a mixed feeling, arising in part from pride, 
hurt at having been the object of a sale, and partly from 
vexation, at being separated from the land of his father^ 
and compelled to submit to the fate oif a conquered country. 
Moral writers assert, that the happiest condition of hu- 
miain fortune is in the uniform and uninterrupted current 
of ordinary life> aflFording from day to day the same regular 
pursuits. If this be correct, man in the Cape colony is a 
most happy being. There is nothing here calculated to 
give an impetus to violent exertion, and the current glides 
on in an unvarying course. Ambition and politics, two of 
the grand tormentors of human life, have no field in South 
Africa large enough for an Englishman, and the Cape- 
Dutch know them not, for they are content to be quiet, and 
to obey. What avails it to the most active and zealous po- 
litician of the place, to cast censure on a measure which 
has passed the legislature many months before, and upon 
whidh society acted before he was acquainted with its in- 
troduction ? In this smjlll circle, it adds more to happi- 
ness that events, which in Europe stir up the mind with so 
much force, should appear to be disregarded, and, although 
deplored, talked of merely as circumstances which have 
taken place in Great Britain. Upon the whole, if thfe 
Cape colony does not afford the speedy means of acquiring 
wealth — if there be no lure for ambition, no scope for the 
display of powerful and commanding talents; yet, there 
may be found, upon easy terms, almost every moderate 
enjoyment of private and domestic life, accompanied by the 
health and activity, in a climate favourable to the European 
constitution. If, at the close of life, an individual, after 
having gone through the varied climes and scenes of the 
world, were to calculate the amount of comfort and enjoy- 
ment derived from each, he might possibly consider that 
portion of his life which was spent in the colony of the 
Gape of Good Hope, not to have befen the least happy 
period of his existence. 



( 178 ) 
CHAPTER IX. 

SETILERS. . . 

On the I2tb July, 1819, being the last business day of 
the session, Mr. Vansittart, Chancellor of the Exchequer, 
made that far-famed speech, which was the leadiag cause 
of the embarkation for the Cape of Good Hope of more 
than four thousand settlers of various descriptions. Xiord 
^dmonth, in the House of Lords, harangued to the same 
purport^ and fanned the deluding flame, which had been 
lighted up in the Commons. Mr. Vansittart is reported, 
in the newspapers of the 1 3th, to have said, *' The Cape 
is suited to most of the productions both of tempera,te and 
warm climates, to the olive, the mulberry and the vine, as 
well as to most sorts of culmiferous and leguminous plants, 
and the persons emigrating to this settlement wonld soon 
find themselves comfortable." The considerate and grave 
character of two ministers, so at war heretofore with every 
thing like fancy or fable, caused their statements to be re- 
ceived with full credit and confidence, and they were re- 
garded as a warrant of success. It is strange to relate, 
such to have been the infatuation, that those who diss^reed 
on all other subjects, agreed in this alone, Mr, Hume 
went far beyond the chimerical expectations of the minis- 
ters. In the same daily journal he is reported to have 
added a recommendation rather remarkable, when pro- 
ceeding from the mouth of a professed friend to freedom, 
that, *^ If men, under certain circumstances, (meaning able- 
bodied parish paupers,) were unwilling to emigrate, it 
might even be advisable to transport them without their 
consent" — that is, transport British subjects for the crime 
of poverty ; " a retrenchment" of the liberty of the subject, 
greater than was ever before proposed by the most devoted 
tory. 

Thus cajoled, and thus threatened, the eagerness and 
anxiety of individuals, to be allowed by the colonial secre- 
tary of state to emigrate to the sands of South Africa, " the 
new land of promise," were unbounded. It was hardly, if 



S£1*TL£RB. !?• 

at all, exceeded by the followers of Sir Walter Raleigh, in 
search oflEldorado, or of Cortes or Pizarro, in their avidity 
to possess themselves of the gold of Mexico and Peru. 

At this time, dissatisfaction had spread itself over the 
land. A continued pressure from the heavy taxes of a long 
war, of vtrhich the abatement had been anticipated, soured 
the minds of a too sanguine public, whilst the stagnation of 
trade and manufactures, the necessary consequence of their 
resumption by foreign nations, placed Great Britain ^itln 
out means adequate to the demands of the tax-gatherer. It 
is not very unnatural to look for relief from taxation, to 
those who impose taxes. . Meetings were held, with a view 
of petitioning, and almost demanding, a relief from bur- 
thens, the reduction of the public expenditure, and, above 
all, a reform in the commons' house of parliament. Public 
affah-s wore an unfavourable aspect. Multitudes pro*- 
claimed their determination of abandoning a country, where 
they affirmed daily labour to be insufficient to procure sub- 
sistence, and where what are called the Six Bflls pressed 
so hard, as to bereave them of political and personal liberty. 
Possibly, the government of England, mindful of the cott- 
sequences which, in the reign of the first Charles, followed 
a prevention of the departure to America of Hazelrig, 
Hampden, Pym and Cromwell, encouraged this emigra- 
tion of the discontented to a distant part of the globe. To 
give a straight bias to a ball so impelled, was the difficult 
task imposed upon ministers. 

There are, who at that time pronounced the Cape to be 
ill adapted for the reception of a mass of settlers, and who 
now regard the choice of that colony as having been made 
without due reflection. Many persons were at home within 
the call of government, who had been resident at the Cape, 
and well informed of its capabilities, and of the character of 
its people. They could have explained not only the diffi- 
culty, but the absolute impossibility, of maintaining, without 
distress to the colony, such an immediate accession of 
British inhabitants. It is, however, imposiible to con- 
clude, that a mere delusion, or the show of doing some- 
thing for the people, could operate on ministers with 
strength sufficient to induce them to engage in ?uch a game 
of human happiness ; or that the selection of the spot for 
this adventure of wretchedness and disappointment could 

N 2 



180 SETTLERS. 

have arisen from any cause more culpi^ble than a want of 
due examination of the scheme, as it applied to the Cape^ 
and of yielding to the suggestions of incompetent advisers. 

Without commenting more at length on the motivefS of 
this measure, it is sufficient to state, that the vessels con- 
veying the settlers arrived in Table Bay in March and 
Apiril, 1820. This hasty arrival of men> women, and cfail* 
dren, requiring aid, food, and supplies of every kind, could 
not l^ut embarrass the colonial government ; with whom a 
previous and more comprehensive understanding would 
have secured arrangements suitable to the nature of the 
country. 

By the Cape local authorities, England would have been 
told, that, although a traveller passing through the country 
after rain, might describe the Zure Veld, now the district 
of Albany, as productive and well watered, a resident 
would state the land to be, in its quality, by no means fer- 
tile; that the gardens, with the help of manure and watetr, 
yielded ample crops ; but, if moisture failed, which it often 
did, they were inevitably burnt up, and unproductive ; that 
the springs were frequently dry; and the water so brackish 
as not to be drinkable ; that the streams flowed in deep 
ravines, and irrigation was impracticable ; that the mouths 
of the rivers were blocked up with shifting or permanent 
sands, or by rocks, so dangerous, as to preclude even the 
attempt to enter them without excessive danger; and, above 
all, that the want ojf periodical rains placed the crops at 
hazard in every year ; and in many years occasioned their 
total loss. 

After the arrival in port of above 4,000 strangers to settle 
in the colony, it is difficult to state what would have oc- 
curred had they been permitted to land at Cape Town. 
The prevalence of measles aiid smallpox in several trans- 
ports, during the passage, rendered the strict enforcement 
of the quarantine laws imperative; and by tliis circum- 
stance Cape Town was preserved from an importation, 
which it might have required force to have re-embarked. 

During the voyage, and the delay for refreshments in 
Table Bay, hope had become faint. From what they had 
suffered on the passage, in transports necessarily crowded 
with people who were contentious and disputative ; from 
all they now heard, and now saw, disappointment prevailed 
in a great degree. Men began to lament their own folly. 



SETTLERS. 181 

attd to accuse the ministers of having deluded them, or of 
having been themselves deceived. A part of them stilly 
perhaps, remained in slight expectation, that the location in 
the ZureVeld, on the eastern eoast> which many of the 
lower order of settlers, belonging to the parties, declared to 
have then, for the first time, ofiicially learnt to be their des- 
tination, might make amends, by its fertility and enjoyments, 
for all their snfSerings. 

The trajspcHts arrived in safety at Algoa Bay, and all 
were disembarked without accident, under the excellent 
arrangements of Captain Moresby, of his Majesty's ship 
Menai. 

A party, occupying one ship, made a demand of being 
landed on their location, within the banks of the Fish 
River, according to agreement ; and expressed surprize and 
indignation, when told that the entrance of a vessel into 
the Fish River had ever been a physical impossibili(ty. The 
settlers found that their intended locations were at the dis- 
tance of more than one hundred miles from the coast. No 
previous order had been given from hotne, to provide 
means of conveyance to Albany ; no corn or provisions 
embarked in England, on the transports, or in attendant 
vessels, with a commissariat prepared to supply this nume* 
rous host on its landing upon the African shore ; nor had 
there been the consideration of a possible want of bread in 
the colony, to support this sudden invasion. In the eager* 
ness to get rid of a part of the redundant population of 
Great Britain, the limited powers of the Cape were entirely 
overlooked. If the Travels of Mr. Barrow,* or that gen- 
tteman himself^ now a servant of government, bad been 
consulted, it would have been explained, that, after the 

* " The surplus, purchased by government, in fruitful years, was laid 
up in magazines, against a season of scarcity. At the time of the cap* 
tare, tliere were found in store near 40,000 rouids, part of which was 
sent to England ; but the following year not affording a productive crop, 
the scarcity was so great, that government found it necessary to prohibit 
the. use of white bread ; nor, since that period, has it been able to lay 
up in store, a single bushel of wheat; nor to allow of any exportation, 
beyond what was necessary for the consumption of the crews of the 
several ships duringtheir voyage; and this was generally sent on board 
in biscuit and flour." Page 312, Sd vol. Barrow, 

There is no one line in Mr. Barrow's book, which proves his accurate 
view of the powers of Cape aginculture, more thikn this remark| which 
is as correct now as in the year 1795, to which it refers. 



J 82 SETTLERS." 

possession of the English in 179^» the export of cdrn, 
allowed bj them, created a dearth ; and this bore no cooh 
parison to the effects of an immediate and permanent sup* 
ply of bread for more than 4/XX) persons, added to ^e 
population of the colony. The same consequence Ynn 
followed: — disastrous seasons, which almost invariaixly 
occur every three or four years, have prevailed, andaggra* 
vated the general distress ; and the colony is now preserved 
from absolute famine,' by the arrival of rice, com, and flour, 
imported, by^ the merchants of the Cape, from India, from 
England, and from the new and increasing settlement at 
Vandiemen's Land.* This is the real and frequently recur- 
ring state as to bread corn in the Cape colony, which 
the master-hand of the author of " The State of Europe'* 
paints as " soon to become a granary in the finest cHmate 
of the world,''t and which the chancellor of the exchequer, 
in his emigration speech, declares to be suited to the 
growth of culmiferous plants ; or, in plain English, to 
abound in com. 

It is due to the colonial government to draw the attention 
of the reader to a short, but faithful narrative, detailed in 
the next chapter, and accompanied by official documents^ 
of the excellent and well-considered plan of location, upon 
which his excellency Lord Charles Henry Somerset de- 
cided and acted, previous to his departure for England ; as 
well as of the measures taken, in conformity, by the acting 
govemor during his absence. That chapter, with its do- 
cuments, was kindly supplied to the writer by the same 
able servant of the colony, who furnished to him the plan 
and description of the mole projected in Table Bay. From 
his statement^ the public will perceive, that the local go- 
vernment has exerted itself most meritoriously, in forward- 
ing the views of the settlers ; and gone far beyond what 
could have been expected by the mother-country, had she 
paused and reflected upon the slender finances of the 
Cape ; the scarcity and dearaess of corn ; and its insufii* 

• 20,622 sacks of wheat; 3,040 flour; 17,275 rice. Total value, 
1,029*785 rix-doUars. 

t Being the finest climate of the worid, is the precise reason why it 
never can be a granary. The general want of rain, and the frequent 
drought in November and December, when the corn is in blossom and 
ear, frequently dries up the grain. If the climate were less fine, it is 
not to be denied, that -it mi^t ** soon become a granary." 



diOKf^ oo an.Avemge. oCyefu-s, fpr the supply of the natural 
pofHiklapa;. togg.ther with. the d^cliDuig value of all pro- 
lierly (ill the colony. When i^t yvs^s §rst told^ that settlers of 
tveiy de30ciption« iucliiding the inhajbitants of die English 
workhorses, were to be.s^ot to ^e Cape, a servant of 
g^venunent^.ewiAeji^ j(br,tale9ts sufid. wit, most truly ob- 
iennedf th^tit.vvnA.sendipg '^paup^res pauperi^ribus/' 



CHAPTER X, 

LOCATION OF SETTLERS. 

It is not the object of the accompanying statement, to 
give a history of the emigration of British settlers to the 
Albany district, which took place early in the year 1 820 ; 
or to enter into any description of the country settled. It 
is not intended to defend the measures which the govern^ 
ment of the Cape of Good Hope adopted at that period, 
and which for now upwards of two years hi^ve unceasingly 
occupied its attention ; or to take merit for those amr* 
cemed in their execution : nor is it proposed to impute 
blame in other quarters, where failures may have taken 
place, or want of success may have excited discontent) 
but nndisguisedly to show what was done for the settlers : 
not by any partial or exaggerated account; but by a 
reference to original documents ; in which there ci^Ji^eno 
deceit or disguise ; and of which every person, into whose 
hands they may fall, is a competent judge ; merely connect-* 
ing the documents by a short narrative, calculated to draw 
the attention of the reader to the particular points, and to 
render the examination, matter of ease to those who wish 
to obtain the information tiierein ^ven. 

STATEMENT- 

..In the month, of November, 1819, Lord C. H. Somer- 
set, the governor of the Cape of Good Hope, received the 
first intimation of the intention of his Majesty's govern- 
ment to encourage emigration to the colony. His lordship 



184 STATEMEN'r. 

lost no time in dkectbg preparatoi^ arrtiigMaetite;^ ace wUt 
appear from the annexure No. I ;* wherein the Hue fir«li 
to be occupied is pointed out ; the surveys directed ; and 
other minor circumstances are provided for. In the next 
communication^ annexure No. 2,f which is dated in tke 
February following, it will be seen, that as tl^ tefmap- 
proached for the arrival of the emigrants, meauireg were 
taken, first, for providing them with camp equipage upon 
their debarkation ; second, for their approvisionment upon 
their landing ; and third, for their conveyance to the places 
of location^ upwards of a hundred miles distant from Algoa 
Bay, the only point at which a landing was practicable. 
The importance of these measures can only be appreciated 
by those who know how difficult it is, in a country so 
thinly peopled, and at a distance of six hundred miles from 
the only market, and that merely calculated for the limited 
population of its environs, to procure provisions for so 
great an influx of people, upon such very short notice ; or 
to collect the great number of baggage waggons requisite. 
for so extensive a conveyance as that necessary for five 
thousand persons, with stores, and agricultural implements. 
The first survey^ was opportunely, finished, previous to the 
arrival of the transports ; and the mode, which regulated 
the fature operation of locating the respective parties as 
they arrived, will be best understood by inspecting it, a^qd 
perusing the instructions sent to the local authorities, upon 
the arrival of the first settlers in March, 1820.^ To the 
system therein laid down, there was strict adherence. The 
acting governor, and deputy secretary, Mr. Ellis, went 
at this period to the frontier, to provide for such further 
exigencies as might occur. The minute attention^ which 
was paid to the wants of the settlers, will appear from 
Mr. Ellis'3 letter to the heads of parties, of M^y, 1820i|j 
wbereb^y their Sjupply of fuel, water, timber, and thatching, 
was regulated. The emigriants , havii^ taken up theiir 
ground, and much dispute and cavilling amongst themselves 

* No. 1. — ^Letter from the Colonial Office to Lieut. Colonel Cuyler, 
dated 12lh November, 1819. 

f No. ,2. — Extracts of a Letter from the Colonial Office to Lieut. 
Colonel Cuyler. 

J No. 3.— -Copy of Survey. 

!^ No. 4.— Letter to Lieut. Colonel Cuyler, dated 22d March, 1820. 
I No. 5.— Circular to the Heads of Parties, dated Uth May, 1820. 



&TATBli2»rT. 185 

)amviiag Mgb fouacl to prevail, a promioiial ma^^rate was 
sent to the centre of the locatioos, to take cognizance of 
these matters, and act under instructions^^ which were cal-^ 
#«lated> as much as possible, to promote unanimity, and 
meet the cases on the spot; otherwise the parties must 
faa?e left their locations, to seek redress of their grievfmces 
and complaints at a distance from home, to the delay of 
^eir agricultural operations. 

. The several parties being now located, the next object of 
the colonial government was, to endeavour to effect the ar* 
rangement of their deposits, the instructions to which effect 
will be found in annexure No. 8 ;t but it having appeared 
from communications from the commissariat department 
that the third instalment of the deposits had been expended, 
as early as September of the first year, and consequently 
before it had been possible for the emigrants to reap the 
fruits of their industrious exertions, measures were adopted 
(vide No. 9,)X for continuing to them, nevertheless, pro*> 
visions from the public stores,, to be paid for- at a future pe- 
riody either when their harvests should have enabled them 
to meet the demand, or otherwise, according to circumr 
stances. 

The proclamations of the 15th of September, 18dO, with 
the inclosures, Nos. 10 and 11,§ will clearly show the 
anxious care which waa taken to provide for all the exigen- 
cies of the settlers ; a court for hearing petty cases was es- 
tablished, and, which is similar to a justice of peace> a special 
heemraad was appointed, and the most respectable settleis 
were selected for the situations, thus meeting, as much as 
possible, their various interests. 

It might have been expected that these regulations of the 
colonial ^vemment would have induced unanimity among 
the individuals of the respective parties ; but, unfortunately, 
this was not the case. The members of scarcely any one 
party agreed together, and the frequent and mutual com- 
plaints evinced a petty tyranny in the heads of parties on the 

* Nos. 6 and 7. — Letter to Captain Trappes, and Circular to Heads 
of Parties, dated 23d May, 1820. 

t No. 8. — ^Letter to the Assistant Commissary General, dated 14th 
Joly, 1820. 

I No. 9. — ^Letter to the Provisional Ma^strate, 8th September, 1820. 

§ Nos. 10 and 11. — Letter to the Provisional Magistrate, and the Land« 
drost of Uitenhage, dated 16th September, 1820. 



one latncl, and an simttbardiiMCjii and diiootoftfiiitk]»jlh^ other* 
This^made it further* neoeaaary to provide against ^tbeiie^wU 
efipartiae stopping ibe issoe of provisioiis to^thoae undev 
thrai,' with whom they had>diffarenoes, in oitker> bjr staKving 
tbuo fiuniti«8, to r^uce them to the necessity of complying^ 
in )0OHM instances, with their unwarrantidile preteiftsioii9» 
(vide No. 1£).* The calamity of blight began now to ma- 
nifest itself in the crops of the settlers ; it was spreading 
rapidly through all parts of the colony. Not only the Albany 
district was thus dreadfully visited, but all that counta^ 
Ifom^ which the Cape population derives its supplies* This 
■lade it a matter of extreme difficulty, and even of de^Ujcacy^ 
to provide for the emergency without creating an alarmi 
which might have been attended with die most ^atal coi^e- 
^[itences. The annexnres 13,14, and 15, f will show the steps 
idken by the colonial government gradually to meet the evil^ 
and to spur the settlers to fresh exertions of industry. It 
was with a view to encourage their perseverance, that th^ 
-acting governor thought it would be advisable to visit the 
tAlbany district a second time, that, by his being oa the spK4;» 
ibey mi^ be convinced of the interest that was taken in 
their welfare. He then found that, notwithstanding all that 
had been done, the extremely litigious disposition of a great 
part of' Ae settfers mduced them so frequently to appeal 
-^m the decisions of the local magistracy^ to the superior 
-distriet court at the distance of 100 miles from thelocatioas^ 
-diat he deemed it expedient to obviate the inconvenience 
^thereby created, by the appointment of a landdrost,. and the 
<establishmeot of a 6ill court of district municip^ magistrate 
on the spot.;}^ Thus, the Albany district was finally separated 
hom^ duit of Uitenhage by the Bosjesmans River, and the 
If ace occupied by the settlers had all the advantage gpaated 
.to it, which was possessed by the other provinciid divisicMis 
of the colony. It may be proper here to state, that, besides 
-ihe 'settlers who were sent to the Cape at public expense, 
for whom the colonial government was induced to provide, 
to the extent of the deposits which they had lodged with his 



. * New 12.**-Circiilar to die Magistrates, of 94th December,. 1830. 

•f* Nos. 13, 14, 15. — Circulars to the Magistrates, and Heads of Parties, 
$lst December, 1830, iiad 19th Jaottary, 1821. 

X No. le.-^-Prodamation separating the Albany district from that of 
Uitenhage, and appointing a landdrost to. the Dew district. 



^ryimder circijaiittaiiees altogether d^rdnt. These were 
hidividuals who^ post essiag, or steting that they poBsessed^ 
oieaiis df their own for taking and cuUivatiDg land> applied 
for locations under the Secretary of State's letter^ which 
had msaured them that diey should be established according 
to the means they respectively had of doing justice to the 
soil. This class was not considered entided to be provided 
lor by government in any other way than having' a spot» on 
which to locate^ pointed out to them. The stores sent out by 
government were destined for the first class, -and the <|uaB- 
tity was insufficient; it was not prudent to undertake to find 
rations for this class^ and they^ were to be left entirely to 
their own exertions. Manylmve» in coMequence»met witii 
heavy disappointments ; but it will be obvious that it was 
impracticiMe to place them on the footing of the first okas* 
They had -not deposited sums to meet the expense of fur* 
n^hing theei with food and stores^ as the others bad -done; 
and in fact numy of them did not possess the means which 
they represented themselves to have, nor did his Mi^esty's 
government undertake more tiian to place them on tiie soil. 
The annexnre No. 17* will show the precautions which 
were taken in regard to this description of emigrant ^ pre- 
caution8> it is as8«imed» which were as necessary #or ti)e in- 
terests of die puUicy as for tluMe of the -individuals^ wmr 
cemed. 

At this periods a reply was received to the represeptations 
which had been uuMld to the home government with respect 
to the great amount of wi^gon hire> which was to have been 
phiced to the account of the first class of settlers. No tine 
was lost ki oommuaiGating to them tbeiavourable decittoa 
by which they were exonerated from this heavy charge^ 
which would of itself have nearly absorbed the balances left 
in the hands of government. In notifying this to the heads 
of j)afties,t oppbrtunity was again taken to remind them of 
the necessity of preparing for the stoppage of issues of pn>- 
visions jfrom the public/nagaziiies> and of the mode by w^ich 



• No. 17. — Letter to the Landdmst of Albany respecting Mr. Mulling- 
ham, dated ^Bth May, 1821. — Mr! M. did not reach his destination ; 
he was lost in the schooner Constantia, which sailed from Cape Towtv 
for Port Elizabeth, and was never afterwards heard of. 

fNo. 18.— Circular to Heads of Parties, ^aUd «2d June, 1821. 



198 sTATSifisrr. 

payment for the issues above tiie amount of deposits wowdd 
be exacted. This notification was followed up by fixing a 
period for the reduction of the quantity issued to one half,* 
m order that they might gradually be In^ought to lean en* 
tirely upon their own exertions. 

It may be here proper to notice that the position of the 
settlers was greatly exposed to the inroads of the Cafire 
people, who are only checked in their system of murder and 
depredation^ by a strong military force, kept for this pur- 
pose on the frontier. It has always been the policy of the 
colonial government to treat these border hordes, when pos- 
sible, with humanity and kindness, and having established 
a neutral ground with the consent of the Caflfres, (viz. the 
space from the great Fish to the Keis Kamma Rivers,) wiA 
the view of keeping these savages at a distance fix>m the new 
locations, it sought by every practicable means to bring them 
to other habits ; for this purpose two agents were established 
in the Caffire country, the Rev. Mr. Thompson and Mr. 
Brownlee, whose principal object is to endeavour to in^ 
troduce a different course of life amongst them. These 
gentlemen have commenced forming a small circle of civi- 
lization, around the spot allotted to their residence ; and it 
is presum^, that the CaiFre people, seeing the benefits of 
religion and good order extended to that proportion of their 
own people who reside under the protection of these two 
respectable government agents, may be induced gradually 
to enter into the spirit of this association, and wish for its 
extension. This desirable object will be a work, however, 
of time. Tlie annexed extract,i- from the instructions 
Binder which these gentlemen act, will show the expecta- 
tions which are formed on this head ; and the accompanying 
copy <j^ a Proclamation J for establishing a fair, at which 
the settlers «nd Caffres should meet for 3ie object of bar- 
ter, will convey to the reader the information he may 
require on this head. It may be useful to add, that a 
irimilar intercourse has been established on die northern 
boundary with great success, and that the Griquas, Ba- 
shuanas, and Corannas, come some hundred miles to attend 
at the place of annual barter. 

* No. 1^ — Circular to Heads of Parties, dated 20th July, 1821. 
t No. 20. — Extract from the Instructions issued to the Rev. Mr* 
Thompson and Mr. Brownlee. 
X No. 2 1 .—Proclamation of July 20, 182 1. 



iXATEMENT. 1B9 

It wad at this period ascertained that the calamity of blight 
had a second time extended itself over the wheat crops of 
the colony, causing, as may well be imagined, the severest 
distress : the old inhabitants scarcely suffering in a less 
degree than the new comers, who, deprived of anyjrettirn 
fear their e^lertioAS during two seasons, were in many in- 
stancies reduced to4he greatest oiiftery, and felt the severest 
pve^sm-e of despondency. Wheat or barley were no longer 
to be found, and the quantity of rice in the colony w»$ 
fery incpnsiderable. However, 1000 sacks were imme^ 
.4ii&t6ly sent up, to be issued to them gratis, under regida- 
ti0us» which will be seen in the annexure No. 2^,* and im 
issue to a like extent was authorized, when the first 1000 
sacks of rice were expended* One more exertion became 
likewise necessary, to epable the settlers to try their for- 
tunes in a third season, i^nd this was, to furnish them with 
seed wheat, an article no longer procurable in the frontier 
diftricts, and with difficulty in the capital itself: however, 
ao adequate <j[uantity was prepared, of the finest quidity* 
and sent for distribution gratis also, according to the qiian* 
tity of land each head of party had in preparation for rer 
Cfi^ving it, but regulated by the numbers they respectitely 
had to feed, annexure No. 23.t 

Thus the various steps taken for the protection of the 
emigrants are submitted to the reader, and are successively 
traced from the period of their Ismding in March, 1820, 
to July, 18^2. 

Where men have been exposed to so much, hardship and 
inconvenience, as the settlers and their families have, many 
will feel dissatisfied, and writhe under the pressure of th^ir 
unhappy circumstances ; others, who have more fortitude^ 
will hope for better times, and continue their exertions 
with renewed activity, not forgetting that it was clearly ex- 
plained to them by his M ajesty's government at home, diat 
from and after the period of their landing on these shorea, 
they were to be left entirely to their own . resources ; and 
that his Majesty's . govepiment would be at no further ex- 
pense whatever, in their regard. 

♦ No. 2«. — Letter to the Landdrost of Albany, dated Nov. 15, 183 1, 
t No. 23.— Letter to the Landdrost of Albany, dated Feb. 20, 1322. 



IfD AKNBXUltCjl. 

N^ 1. 

Colofrial-Office, Nov. ISth, 1819. 
Sir, 

I AM directed by his excellency. Lord C. H* 
^meriet» the governor, to transmit to you, herewith^ a 
copy of a dispatch which his^ excellency hap received* ftam 
1h» Majesty's secretary of sti^, on the subject of^eikigra* 
tiOKi to this colony, vvith a copy of its inclosure, which 

r' wtS' oat the encouragement and assistance whidh it is in 
contemplation of his Majesty's ministers to afford to this 
objects 

it appears that Parliament has voted a sum of 50>000/. 
to be- appropriated towards affording aid to those who may 
be kilned to remove to this colony, and that bis Majesty's 
gov«mment has decided upon confining the application of 
the sum ho voted to those persons who (possessing ^e 
means) will engage to bring out, at least, ten able-bodied 
individuals, about eighteen years of age, either with or with- 
tHit femilies. 

It is a nmtter of great importance to the colony, thiit this 
attempt of his Majesty's government should not be nnsuc- 
eessful, and his excellency is well aware how much the 
exertion of the local magistrates must contribute to a fa^ 
▼ourable result. From your intimate knowledge of llie 
frontier, you will almost anticipate his excellency's views ibr 
hIm setdement of the persons who may first arrive ; and his 
exeelleaey is sure that you will be aware that the old line of 
military posts, now given up, between Graham's Town and 
the mouth of the Great Fish River, presents a country of 
creat fertility and promise, and capable of maintaining, with 
mdustiy, a large population ; and you will at once see tfie 
advantage which the colony, as well as the individual^ 
themselves, will derive from this portion of ground being 
«ai4y settled. His excellency would wish to see the aban- 
d<Hied farms nearest to Graham's Town first occupied; 
and in these occupations that it should be borne in minc^ 
that the settlers are to be encouraged in their agricultural 
|>ur6uits> rather than in the maintenance of large herds 
of cattle, as has been hitherto the practice of the insu- 
lated colonists^ who, at different periods, have occupied 
lands in the eiAensive district of Albany. This is not only ^ 



AKNEXURE Iv 191 

adyis^Ue^ in ds mmh as the IfM^ thus partitioned wiH 
contain a far greater number of persons, but it i» also con-r 
sonant to that distribution of land which his Majesty's go- 
vernment has pointed out. It will be desirabk, liiat> as 
soon as possible after your receipt of this, you instruct 
Mr. Knobel to take a minute survey of the unoccufHed 
places in the immediate vicinity of the limits of the laqd. atr 
ta^rbed to Graham's Towp^ and that in his report thereotta 
he not only specify the quantity of land fcalcuUited for garr 
den ^ound^ for the plough and pasture, but that 1|q de-» 
scribe with accuracy the different springs^ or othec vvater^ 
which such places may contain or command. 

Next after these, he should survey the Blue Krans^ and 
apy situations in that vicinity, where colonists may be adr 
vaatageously placed; from thence he should take tb^dir 
rectioB of Waayplaats to the lower Caffre Drift ppst, wb^t^ 
bis ^fcellency believes that great facilities are to b^ fpund 
for a very considerable proportion of settlers, who maj 
avail themselves, ,in the firjSt instance, of the hutting which 
was occupied by the troops. The mouth of the Great 
Fish River will next offer an eligible site, or the spot 
called the. Palmiet Fontein, in its inunediate vicinity. Upon 
these spots and the intervening ground, his excellemey e^ob 
ceives that a greater number of person* and families may 
be placed than can be for a considerable time expected 
from England. 

His excellency conceives^ that when the line now chalked 
out is occupied, all that eligible ground shall next be filled, 
which intervenes between it and the mouth of the Bosjes- 
mans River, including those fertile tracts which are watered 
by the Koure, Kasouga, and Kareeka. 

His excellency understands that the first vessel with emi- 
grants will sail from England in December next ; and it is 
his excellency's intention to order them forthwith to iVfgoa 
Bay: this information will put it in your power to calculate 
the probable time at which they may be expected. Yoh 
will see from theinclosure, that you are to provide thp emir 
grants with the means of transpoi;ting their baggage tq the 
places of their destin^tkin; the cost of which you will, Ul 
the fitrst instance, defray from your district chesty keeping, 
however, a separate post thereof, in order that the amount 
may be subsequently refunded to you, either from the^public 
funds of this government, or from the individM9l9> as m^y 



192 ANNEXURE 1. 

hereafter be determined. Mr. Knobel's charges for sur- 
veying will be satisfied from the colonial treasury, accord- 
ing to the tariff of charges allowed to surveyors. 

With respect to any stores vyhich may be embarked in 
the ships with the emigrants, and which may be public pro- 
perty, a proportion of which it seems, from a paragraph of 
Lord Bathurst's dispatch, may be expected, you will cause 
such to be landed and stored at Algoa Bay, taking an in- 
ventory of them, wherein the state in which they are landed 
shall be expressed ; but his excellency will give particular 
directions to the deputy assistant commissary-general, at 
that station, on this head, as well as relative to their subse- 

auent issue ; and it will be through the same department 
lat his excellency will give directions for provisioning the 
new comers, from the moment of their arrival at Algoa Bay 
till that of their arrival at Graham's Town, and the subse- 
quent necessary aid for their subsistence, until they shall have 
had time to provide by their own exertions for themselves. 
I have the honour to be. 
Sir, 
Your obedient servant, 

(Signed) C. Bird. 

Lieutenant Colonel Ciller, 
Landdrosi of Uitenhage. 



N^ 2. 

CCopy.J 

Extract of a Letter written by the Colonial Secretary 
to the Landdrost of UitenhagCy dated Colonial 
Office, 25th Ftbrmryy 1820. 

I AM to premise, that it does not appear to be in the 
contemplation of his Majesty's government to incur any 
expense on account of the emigrants, from the moment 
of their disembarkation at Algoa Bay. From that pe- 
riod, it seems to be expected that the directors, to whom 
these persons have engaged themselves, shall bear all the 
cost, either of provision or transport, to the place of their 
respective location, though his Majesty's government has 
directed all necessaries to be prepared to be furnished to 



AXKEXURSS 2, 3. 193 

them, in case the directors shall require them^ though at 
their own cost and charge. 

His excellency is much at a loss with respect to the num- 
bers to be expected^ but he proposes sending, by the ear- 
liest opportunity, camp equipage for 1,500 persons to 
Algoa Bay, to be used as occasion may require ; and he has 
instructed the assistant commissary-general to be prepared 
to furnish rations for one month to 2,000 persons. 
: It is highly, expedient that the parties, as they arrive, 
shall be marched without delay to the pl^es on which 
they afe ultimately to be settled. This part of the airange- 
ment will necessarily devolve upon you, and it is "his excel- 
lency's particular desire, that you should, in person, super-, 
intend the movement of the first parties through your dis- 
trict, to the final place of their location, that the promptest 
succour may be afforded them in case of exigence. 

Meanwhile, it is his excellency's desire, that you should 
ascertain, with as much accuracy as possible, what aid the 
district will want (if any) for the supply of an influx of po- 
pulation, calculated at 5,000 souls, for six months. It will 
be desirable, that you should communicate with the com- 
missariat, and with Mr. Hart, on these points, and report 
the result with the least possible delay. 



N°. 3. 



General Plan of the Country between Graham's Town 
and the Mouth of the Great Fish River. ISee Plate oppo- 
site. 



N^ 4. 
(Copy.) 

• Colonial-Office, March 3Sd, 1830. 
SlB, 

By last post, I had the honour of informing you, 
that the transports. Chapman and Nautilus, had arrived 
here, with a proportion of the settlers whom his Ma- 
jesty's government has determined to locate in the Zaure- 
veld : I am now directed by his excellency the acting go- 
vernor, to acquaint you, that these settlers are under seven 

o 



194 



ANNI^XUR£4. 



directors,* with whom onty this government has communi-' 
cation^ and to whom only grants are to be given. Thus, thef 
directors will subsequently give titles to such as majr locate 
in their respective allotments. The names of the dii-ectors, 
and the number of persons attached to each, are dcftailed in 
the margin. 

It has met his excellency's views, and given him much 
satisfaction to find, that you had it in your power to for- 
ward, by last post, Mr. Knobel's first survey. The receipt 
of this important and able document has enabled his excel- 
lency to direct the location of these parties from hence ; 
and he conceives that his having had it in his power so to do, 
win greatly facilitate your arduous duties at this moment, 
and it will relieve you from the numberless remonstrances 
which might otherwise have poured in upon, and impeded 
you in your ordinary duties. The inclosed listf will clearly 



NtfQct of the 


No. of 


No.»f 


Persons above 


Children under 


Total. 


Directors. 


Mem 


Women. 


14 yean of age. 


14 years of age. 


Mr. G. Scott 


14 


9 


4 


10 


ST 


lieot Cranae 


12 


9 


1 


«* 


44 


Mr.T. Rowlct 


11 


11 


4 


26 


52 


Mr. T. Owen 


10 


5 




12 


27 


Mr. J. Maody 


11 


10 


„ 


23 


44 


Mr. J. Carlisle 


11 


„ 


,, 


4 


15 


Mr.J. BaiUie 


96 


63 


13 


116 


288 


— 2 






Grand Total . . 


. 5or 



t Distribution of Land to Settlers p^'-duwman and Nautilus Transports, 
fir the guidance of tie Landdrost of Vitenbig^ The Numbers refer to 
M. Knobel's Map, 



Directors. 



S 2 e 



Mr. J. Bailie 
Mr. Cranse 
Mr. T. Owen 
M^.T. Bowles 
Mr. S. Mandy 
Mr. G. Scott 

Mr. Carlisle 






96 
12 
11 
10 
11 
14 

11 



9,600 
1,200 
1,100 
1,000 
1,100 
1,400 

1,000 



u 

J 



10,000 
I 2,600 

I 2,300 
1,800 
1,200 




10, 11, 15, and 16.^ 

12, to be equally dhrfd 

13, to be equally divided. \ 

14, . \ 
C out of No. 1, adjoining \ 
I Mr. Hartfs lands. ^ \ 



Cobfiid-Offieb, Cape of Good Hope, 
Mftfcb 92d, 1820. 
By command of his exoeileocy the acting governor, 

XSgned) C. Bird, Colonial Secretary. 



point out ta Jim the aituations vrhick the se^en directors 
are to occupy. Thej are numbered according to Mn 
KnobeFs map» an accurate copy of which I return to you, 
retaining the original here« as a necessary document fpr this 
office^ where the ulterior measure of preparing the grants 
must be gone through. 

His excellency has directed the acting deputy quarter^ 
master-general to issue to those directors such camp equir 
page as the scanty supply of the stores will admit, to shelter 
these people in their arduous march from Algoa Bay to 
the place of their location. A return of the quantity and 
description so issued will be sent to you from the proper 
office by this post. You M'ill be pleased to apprize th« 
directors of die necessity they wiU be under to attend to the 
preservation of this camp equipage, which should be re^ 
turned to you the moment they can dispense with it, in 
order to be again used by succeeding parties ; but if it hie 
not so returned, then the whole charge thereof will be made 
against those who default in the restitution. 

With respect to the waggons to be employed for the use 
of the settlers, it is clearly to be made known.*to th^n, that 
they must pay for them — indeed, this has been abeady 
expltcidy done. Such waggons as are absolutely necessary 
for proceeding with the personal baggage of the parti^ 
may, in the first instance, be defr^ed by you, although 
afterwards the amount will be made a charge front thU 
government against the funds in its hands belonging to th^e 
respective directors ; but with regard to the large proportion 
of stores which they have, it will be necessary that they fnro^ 
vide for the payment of its transport previous to its leading 
Algoa Bay, where^ in the meantime, it must be stored and 
secured under the protection of the assistant coramissaoj 
and such sentries as may be requisite. In defstuh of tfa€ 
means of bousing these stores, it occurs to his excellency^ 
that a temporary shedding, such as is used for boat*houses, 
might be thrown over them, to protiect them from the wear 
ther, while the packages themselves may be raised firevi like 
ground damp by dunnage. 

As the transport of gunpowder by the parties (travelliiig 
as they must) would subject the%[» to veiy imminent danger, 
his excellency has communicated to Lieut. Cole, the ageult 
of transports, that, when the rest of the baggage and stores 
is landed, he is then to Ifmd the gunpowder, andiapplj <o 

o 2 



196 ANNEXURE 4. 

Captain Evat^ to store tt in the magazine at Fort T?re* 
denck; and his exceHenc3r will give future directions for 
its gradual removal, by small quantities, and safe convey- 
ance ; and while you will call upon Captain Evatt to take 
an accurate account of the several persons to whom this 
ammunition may belong, in order that no mistake may arise 
as to the proprietor, you will at the same time acquaint 
him, that he is not to re-issue any proportion of it without 
an order, in writing, from yourself^ and his excellency will 
communicate further with you on this subject, before you 
will feel authorized to give any order to this effect. 

Lieut. Cole has received directions to lose no time in 
effecting the landing of the settlers upon his arrival at 
Algoa Bay ; and I have written by him to Capt. Evatt, to 
desire, that the government fiats may be employed to assist 
in dieir debarkation, and in those of the stores, but to be 
Ma cautious as possible that no accidents happen in the 
aurf, and to recommend to Lieut. Cole not to proceed in 
the debarkation, when he, Capt. Evatt, from his experience 
i^the bay, apprehends danger. 

There being some few cases of hooping-cough among 
the children, you will, perhaps, deem it prudent not to 
direct the march of the settlers through the town of 
Uitenhage ; and, indeed, it appears, that it woiild save much 
of the distance, if they be conducted by the lower road, by 
$be Jager's Drift, to the place of their location ; this, how- 
ever, must depend upon local circumstances, of which you 
only can be aware. You understand, I believe, clearly, 
that from the moment of their coming on shore, his Ma- 
jesty's government ceases to be at any charge for the di- 
rectors or their settlers ; yet, notwithstanding this, the com- 
missary-general has received instruotions to issue rations to 
to them, " shouid they require it/* the cost of which will be 
charged against the funds which they have deposited with 
his Majesty's secretary of state. The commissary will, 
therefore, be instructed to take returns from each director, 
and make his issues thereon. 

It is his excellency's firm hope, that the directors and set- 
tlers will feel, that patience, industry, and unanimity are es- 
jential requisites to their ultimate success, and that therefore 
be may expect from them that order and submission to the 
lawa which are necessary to their welfare. His excellency 
desiresp however, that you will explain to them that the local 



i\ 



ANNi:XURE 4. 197 

law 18 that to which they are now liable^ that the tribunals 
of this colony^ by his Royal Highnesses approbatipn of them; 
are become, in every respect, British tribunals^ to which all 
persons resident here are, without distinction, equally sub- 
ject, and that therefore you will be prepared to enforce 
order, should it unfortunately be required. 

His excellency desires me to add, that he has coramnni* 
cated to the officer commanding on the frontier his directions 
to afford you, from his conmiand, any assistance you may 
require for the support of the civil authority. You will feel, 
with his excellency, the delicacy of calling for such assistance, 
without the most imperative necessity ; in slich cases, how- 
ever, his excellency relies. upon your usual judgment and 
vigour. 

It is his excellency's desire, that you mav be pleased to 
prohibit, in the strongest manner, the sale of any spirituous 
Kquors among the settlers, not only by itinerant sellers, but 
by any permanent canteens. 

I beg you will press Mr. Knobel for the continuation of 
his surveys, which will become daily more necessfury to the 
carrying these measures of the home government into e%r. 
ecution. 

I have the honour to be. 
Sir, 
Your obedient servant; 
(Signed) C. Bird. 

The copy of Mr. Knobel's map will be sent by post, this 
dispatch going by the chapman. 
Lt, Col, Cuyler, Landdroit of Uitenhage, 



N.°. 5. 

( C^P}/' — Circular .J 

Graham's Town, Maj Uth, 1820. 

It being of the utmost importance that every facility 
should be given to the obtaining immediate shelter for the 
different families located in the district of Albany, his ex- 
cellency the acting governor has been pleased to declare, 
that wood and thatch for purposes of buHding are from tbis 
date, for the space of twelve calendar months, matters of 
common use, and that no claim of trespass will be intern 
tained against persons acting according to this notice. 



108 AKNSSCUllE 5. 

His exceUency Ae adiiig gOTeropr also bcrebj notifies^- 
that water for drinking^.as weH of man as of beast, is ia he 
used in common, provided always tbat the said privUege be 
exercised without injury to any cultivated giXMind. 
By command of his exeellency the acthag governor. 

(Signed) H. Ellis. 
Totke^llllliteraPariks&fBfitkkSettlen 
ta th€ Dutrkt qf Albany. 



Graham's Town, May SSd, 189a 



N^ 6. 

(Copy.) 

SlB, 

The personal conmiunicatton which has already 
taken place with his excellency the acting governor, render^ 
lag any statement of the mfOtives that have led to your imme- 
diate dispatch, on the duties dbout to be assigned to you, 
unnecessary, I proceed, by command of his excellency^, to 
give such instructions for your guidance, as the undefined 
state of the measure in progress will aBow. 

The object in view may be generally descrilDued as the ad- 
ministration of the more pressing exigencies of municipal 
law among the English settlers established in the district 
of Albany ; your duties will, therefore, embrace the presep* 
vation of the peace, and, as far as regards civil proceeding, 
the settlement of disputes which are likely to arise between 
individuals placed m such novel circumstances of social 
relation. 

Upon this head, it is necessary that you should be ap- 
prized of the nature of the engagements subsisting between 
the heads and the individuds composing the respective 
parties. These proceed upon two principles ; the one of 
joint labour and equality of allotment of land ; and the other 
of personal service for a certain time, upon fixed conditions. 

The ordinary process of law does not, in the event of dis- 
<^n8sion, at once reach agreements of the first description, 
and the course hitherto adopted has been to induce a re- 
turn to union and mutual assistance, by refusing permission 
to the individuals, so circumstanced, to qnitt heir locations. 
The colonial law, whieh considers all persons traveling 



wkbottt coloQitl pas3e8, ai mgnatB, afibfd» a ready mode 
of oarrying this dbject into effort. 

No difficnlty pveaents itaelf to tke aKangement of dis- 
putes where the case is that of pertoaal service. The oo^ 
ionial law will cos^iel the perfonoanoe of the reciprocal 
duties of master and apprentke, and a reference to tl^ paftf^ 
ticular agreement will enable you to decide on whatever 
case of this nature may be brought before you. 

Admonition wiU^ in general, be sufficient to enforce good 
conduct on the part of the master; otherwise/ the threat of 
dismissal from the colony may be used, and it is scarcely to 
beeaqpected that both will prove inefiectual. 

Sknibradmonition, accompanied by threats jof imprison- 
ment, and, in cases of positive refractoriness nnd violence^ 
tmprbonment itself, may be applied to apprentices. But, 
in general, yon will nnderstand, that the exhibition of the 
power of ccmU-onl and punislmient, rather than the actual 
exercise, is most within the contemplation 6f his exceHeney 
the acting govenmor. 

The instructions received fixmi his Majesty's secretary of 
state provide for the separation of mechanics and artificers 
from their parties, with the consent of the respective heads ; 
but so much caprice in this respect has been manifested by 
the settlers generally, that you will hot feel yourself, for the 
present, authorized to grant any such permission without a 
specific authority from the colonial office, it being of the 
utmost importance, with reference to the views of his 
Majesty's government^ that positive establishment should 
take place on the lands assigned ; the only exception will 
be found in the case of artificers being required for the public 
works. 

Although it is the intention of his excellency the acting 
governor that you should ultimately establish yourself in the 
township of Bathurst, you will, in die first instance, make a 
tour of the several locations, as well for the purpose of fix- 
ing the boundaries generall^r of the allotments, according 
to a memorandum which will be furnished to you by Mr. 
£nobel, the district surveyor^ as of arranging the variovus 
ipetty disputes which may probably exist among the dif- 
•leretit parties; tmnsmitting freqnent reports to the colo- 
iiial office, of your progress^ and of such cases as may, in 
your judgment, r^uare fini%ic«dar oonskleration and pro- 
vision. " 

The (colonial law be»g the standard to ^ich your 



200 ANNSXUB£ 6. 

judicial proceedings are to be referred^ you wiU, on aU legal 
questions^ avail yourself of the advice of the landdrost, with 
whom, as well as with bis deputy, you wiU commumcate 
on all points connected with their respective jurisdictions. 

Previous to your departure, you will, as far as circum- 
stances permit, consult the legal records to be found. in 
the office of the deputy drostdy, to enable you to comply 
with the recommendation thus conveyed. 

I am further directed by his excellency to convey to you 
his sense of the difficulty which may possibly arise from 
the want of detailed instructions, and to assure you, that, 
on every occasion, you may rely upon his actual support 
and feel confident that the most liberal interpretation will 
be given to your motives and actions. 

His excellency is not prepared/ at present, to communi- 
cate the specific mode of remuneration for the services 
which you are about to perform, but you are authorized, 
generally, to charge every personal expense, as well of 
maintenance as of conveyance to the colonial government. 

I herewith enclose copies of circular letters addressed to 
tiie different parties since their location, which will enable 
you to seize the spirit that has hitherto regulated the con- 
duct and communications of your immediate predecessor. 
I have the honour to be. 
Sir, 
Your most obedient humble servant, 
(Signed) H. Ellis, 



Ccptom Dritppet, 



Deputy Secretary. 



(Ojjnf* — Circuiar.) . 

Graham's Town, May ttd, 1890. 

His excellency the acting governor having observed the 
capricious manner in which permission to quit the respec- 
tive parties and to proceed to Graham's Town has been 
given to individuals, by which the peace of that town and 
military cantonment is endangered, and the practice of v»- 
gabondiiing, in direct violation of the colonial law, much 
encouraged, has been pleased to direct, that hereafter, in 
^e event of any individual proceeding to Graham's Town 
for any reasonable occasion* he must immediatdy, tf not 



A2IK£XURE$ 7, 8. 201 

a head of a party^ produce a permiftsion to <}uit the party 
before the magistrate, who will exercise his discretion as to 
allowing him to remain. The only difference with respect 
to the head of a party is, that he requires no pass for quit- 
ting the location, but he must also obtain a town pass. 

His excellency has been further pleased to direct, that 
applications for permission permanently to quit the party 
must in the first instance* be signed by the head of the 
party, then transmitted to the provisional magistrate, by 
whom the same will be forwarded to the colonial office^ 
from whente the permanent permission, either for resi- 
dence in the district or the colony generally, as the case 
may be, will be issued. 

Permissions of separation, for a period not exceeding 
one month, may be granted by the landdrost, for the dis- 
trict at large ; for the deputy drostdy, by the deputy land- 
drost at Graham's Town; and for the locations in thef 
district of Albany, by the provisional magistrate. 

By command of his excellency the acting governor, 
(Signed) Henky Ellis, 



To the differmt Parties of British Settlers 
estMished in the District of Albany, 



Dep. Colonial Sec. 



Nr 8. 

(Copy.) 

Colonial Ofl5ce, Julj^ 14th, 1820. 

Sib, 

I AM directed by his excellency the acting go- 
vernor to inform you, that Captain Trappes,. the provisional 
magistrate at Bathurst, has been this day directed to trans- 
mit to the commissariat officer at Graham's Town, lists of 
the several parties who may be actually located on the lands 
assigned^ for the purpose of enabling individuals to receive, 
according to the instructions of the secretary of state, the 
siecond instalment of their deposit money. 
I have the honour to be. 
Sir, 
Your obedient servant, 

(Signed) H. Ellis. 

Dep. Secretary. 
• R, Itogerson, Esq, 
Aiiist, Comnmsan^ Gen, 



202 . j^IfNEXURK 0- ■ 

(Copy.) 

Colonial Office, Sept. dcfa, 18^. 

SlE, 

I HAV?: received and laid before his excellency the 
acting gOTernor, your letter of the ^7th ultimO;, inclosing a 
copy of one you had addressed to Mr. Assistant Deputy 
Commissary Johnstone, in reply to his communication to 
you, on the subject of the third instsdment of, the deposits 
of the settlers having been now expended in the amount of 
rations issued for their subsistence. His excellency entirely 
approves of the line you have taken 5 he feels tliat it will be 
impossible to discontinue the aid of rations as hitherto 
made to the settlers, until after the ensuing harvest, when 
each party shall have reaped the fruit of his exertions ; but 
as it IS not to be expected that the charge of this supply can 
be ultimately borne by the public, it is necessary and just, 
that the commissary should apprize each head of party 
that he will be debited with the amount of whatever he 
may draw in the shape of ration ; and that be will be called 
upon to give bond at the termination of the harve^, for the 
value of what he shall, up to that period, have received ; and 
that these bonds (a form of which will be furnished to the 
commissariat) will be secured in the nature of mortgage 
upon and first claim against the lands (with all they may 
contain) of the respective holders, to the de^yment of 
which the subsequent grants will be made subject. 

As soon as the period of the harvest shall have arrived, 
it is his excellency s intention that an accurate return shall 
be made to him of tbe produce raised u^n each location, 
and of the means the heads of parties may possess for the 
approvisionment of the respective individuals of their se- 
veral parties. From a view of this document, his excel- 
lency will be able to decide, in what manner, to what per- 
sons, and to what extent the aid of the public stores is to be 
continued, subsequent to the period in question, as it must 
be obvious that A-om that moment furnishing daily rations 
should stop, and the several heads of parties be only sup- 
plied, from time to time, according to their numbers and 
means, with what, upon the lowest scale of calculation, 
shall be absolutely requisite to the support of the peo|>le. 
As, however, his excellency conceives, that many of the set- 



tiers mif^ ircd^x in itheir ^x^itioiia w^e thejcjaMiar^ ibat 
it 18 in t& con^ipplatioa oC thi^ gov^raiBeiit t€;cpi»tiiHie to 
support tbem io any shap^, he desires^ that I Mrill cautioA , 
you, not to make any of this communicatioa pnMi^ that is 
not immediately necessary to be acted upon: and I am fur- 
ther to acquaint you» that his excellency has instructed the 
commissary gaiieral upon such parts of this reply as cos- 
oems his department. 

I haye the honour to be. 
Sir, 
Yoiu* obedient servant, 

(Signed) C, Bird. 

Caotain Trappet, 
Provis, Magittrat^y Bathurst. 



(Copy.) 
Sir, 



N». 10, 

Colonial Office, September i5tb, 1820. 



I AM directed by his excellency the acting go- 
vernor to acquaint you^ that the e^xpediency of establishing 
a court for matrimonial affairs, and a court for taking cogni- 
zance of criminal and civil offences at Graham's Town» has 
made it necessary, officially to promulgaite your apponrt* 
ment as a provisional magistrate in the district of Uiten- 
hage, and. to define the limits of the district within which 
you are called upon to exercise those judicial powers 
which it has been thought fit to entrust to you, and which 
are fully described in his excellency's proclainatioti of this 
date, for the appointment of certain special heemraden, as 
conservators of the peace, in such situations in which it 
may appear to his excdkncy to be necessary. By this aug- 
metotatiofti of the powers formerly entrusted to you, I am 
directed by Jbis excellency to state, that it i^ not meant to 
revoke, or amend the instructions which yo« received 4m 
your first appointmeint through Mr. Ellis, or to limit those 
duties or interferences with respect to the settlers> with 
which at that time it was found necessary to entrust yon, 
but by the present arrangement to aid the oowrts of the^Etis'* 
^t, smd to facilitate the ends of justice in the cases 
pointed out. Biat as it may^a|p|>en, that from yonr %\^ 



204 AKNEXURE 10. 

sence or indispositioB the inhabkaantd might not have It ill 
their power to obtain, in the cases aUud^ to, that speedy 
redress which it is the wish by this measure to place in 
their power, his excellency has expedited his warrant to 
Mr* T. Phillips, constituting him a special heemraad, with 
powers to act in your absence, or, when you may be other- 
wise legally prevented from the performance of these du* 
ties, (of which you will, upon such occasions, give him due. 
notice,) according to the terms of the aforesaid procla- 
mation. 

The limit of the district to which your judicial powers 
are confined is defined by a line drawn from the Fish 
River, passing the north-west side of Mr. Mahony's loca- 
tion, to the Jager's drift, on the Bosjesman's River, and 
including the several locations specified in the inclosed 
list. It will b^ necessary that you take into your employ 
an active and intelligent clerk, the selection of whom his 
excellency leaves to you, as well as the amount of salary to 
be allowed him^ provided the sum of 600 rix-dollars be not 
exceeded. 

I have the honour to be. 
Sir, 
Your obedient servant, 

(Signed) C. Bird. 

€(^tdin Trappesy 
Prov. MagistratCf Bathur$U 



(Copy.) 
Sib, 



N°. 11. 

ColoDial Office, September 15th, t820. 



His excellem^ the acting governor having had 
uader his consideration the state of that part of your dis- 
trict in which the emigrants from England havie been lately 
located, and having perceived, that it is desirable for the 
convenience of the inhabitants, and for the quiet and good 
order of the district, that certain further regulations should 
be promulgated on these heads, his excellency has deter- 
mined, that there shall be a monthly court for matrimonial 
affairs, and petty cases, at Graham's Town, at which th^ 
deputy landdrost shall^ as is u$ual, preside, with, at leas^ 



AyN£XUR£ U. ^05 

two heemrddeft, acting under the aame insftriictiotis as the 
courts of landdrofits and beemraden are giuded by, in like 
viattors, at the chief places of the several provinces, of 
which the usual notice will be forthwith given ; bat as the 
number of settlers, and their distance, in many instances, 
from the sub-drostdy, may ma)&e it inconvenient for them, in 
very minute cases^ to go to Graham's Town, either for the 
purpose of procuring redress in such cases, or giving in- 
fprmation to the magistrates on more grave subjects, his 
excellency has empowered the provisional magistrate at 
JBathurst to take cognizance of certain matters which are 
defined in a proclamation issued for the guidance of special 
heemraden to be appointed, by his excellency's warrant, in 
such situations in which he may judge it recjuisite to extend 
this further aid to the magistracy and inhabitants; his 
excellency has thought fit to define the limits of the juris* 
diction of the provisional magistrate at Bathurst, so that 
all collision between that officer and the magistrate at Gra- 
ham's Town may be thereby avoided. This jurisdiction 
will embrace all the locations sesiward of a line drawn fifom 
the north-west side of Mr. Mahony's settlement, to the 
Ji^^'s Drift, on the Bosjesman's River, and thus include 
the several locations pointed out in the inclosed list ; to 
which you will be pleased to give the necessary publicity. 
But his excellency having fi^rther considered, that the d^ 
ierence of language may be of considerable embarrass- 
ment in cases where the English settlers are concerned, he 
^as decided upon appointing two additional heemraden for 
the Graham's Town jurisdiction, in addition to the heemra- 
jden already c<>nsidered as belonging to the sub-drostdy,; 
and it is his excellency's desire, that you instriict the 
.deputy-landdrost not to take cognizance, in his court, of 
any case, either criminal or civil, unless one of the said 
additional heemraden, whom his excellency will select 
. from among the English settlers residing in the aforesaid 
jurisdiction, be present, when the cause, in which such 
English subject is concerned, shall come on, matrimonial 
cases excepted, in which the usual and necessary queries 
may be put to the parties, without its being necessary that 
an English member of the court be present, provided the 
deputy-landdrost himself be so. These additional heem- 
raden will not, however, be furnished with the special war- 
rant, alluded to in his excellency's aforesaid proclamation 



206 AXKEXUUrE IK 

of this date; but as it is essential to pitnride fot tbepds^ 
sifole absence or itlaess of the f^rovisional magistrato lit 
Bathurst, his exceltency has decided upon appointing ik 
heemraad in that jurisdiction, with powers to act tinder 
such circumatances, according to the powers vested in tmih, 
by the aforesaid proclamation ; this heemraad-inliy, or may 
not, be called to the sitting of the court of deputy^land^ 
drost and heemraden of Graham's Town^ according as it 
shall appear advisable to yourself or the deputy^land" 
drost. 

It will rest with you to put the respective parties itito 
possession of the details necessary to their canning these 
instructions into execution ; and, therefore, it remains onYf 
on this subject necessary to add, that his excellency desires, 
that Messrs. Pigot and Campbell (of Botha's farm) may be 
appointed heemraden in the Graham's Town jurisdiction ; 
and Mr. Phillips for that of Bathurst ; the warrant for the 
special duties with which the latter is to be entrusted, 
being herein enclosed. 

I likewise transmit to you six printed copies of the 
mode of proceeding in crown trials, in English ; and as 
many oppies of his excellency's proclamation of this date ; 
and two copies in English, and two in Dutch, of the in* 
structions for the matrimonial court; in order that yo(i 
may fornish them, as may be required, to the court of Gra- 
ham's Town ; and to the provisional magistrate and heem- 
raad at Bathurst. 

For one step, arising out of these instructiohs, it appears 
to be immediately necessary to provide, and that is, the 
erection of a place of confinement for prisoners at Ba- 
thurst; a plan thereof should be agreed upon betvteen 
Capt. Trappes and yourself; and you should endeavour to 
inchice some of the heads of parties, or principal settlers, 
to tender for the work ; after which, such ten4ers as shall 
have been received, should be transmitted hither, with the 
plan proposed, for his excellency's sanction. 
I have the honour to be^ 
Sir> 
Your obedient servant, 

(Signed) C. Bikd. 

lAeut. Colonel Cuyler, 

Landdrost ofUitenhage. 



AKXEXUIIE U. 207 



PROCLAMATION. 



BjT his Ei&cdleiicy Major General Sir Rufane §baw6 
Donkin, Knigkt Commander of the Most Honourable 
and MiUtdry Order of the Bath, Acting Governor and 
Conimaading in Chief His Majesty's Forces at the 
Cape of Good Hope, &c. &c. &c. 

Whereas the increaaed population, consequent upon the 
recent location of the settlers who have arrived in this 
colony from the United Kingdom, has rendered it expe« 
dieht to establish, ki the sub-drostdies in which they are 
located, courts for the enregisterment of marriages, and^ 
for the cognizance of criminal and civil cases, to obviate the 
inconvenience to which the inhabitants would be exposed,, 
from the necessity they would be otherwise under, of re* 
sorting to the courts of the chief place in each province oi 
the colony in which they are settled — 

I do, therefore, hereby direct the deputy-landdrost of 
the sub'Klrostdies of Clanwilliam and Graham's Town to 
assemble a court of deputy-landdrost and heemraden, (the 
number of heemraden competent to constitute such courts 
with tiie deputy-landdrost, not to be less than two,) on the 
first Monday c^f every month; at which court dl the inha^ 
bitants of the proportion of the districts of Tulbagh and 
Uitenhage, now included in the sub-division of Clanwilliam 
and Albany, shaU be at liberty to have tiieir marriagea 
registered, as customary in this colony. 

And I do hereby further direct the aforesaid depuiy* 
landdrosts, with die number of heemraden, as aforesaid, at 
least, to constitute a court at the same time and platoey foe 
tiie trial of such criminal cases as are cognizable by the 
courts of landdrosts and heemraden, under the proclamar 
tion of the 18th of July, 1817 ; and of such civd easels as 
are o£ the competence of those courts to decide upon. 

And that no person may plead isnorance hereof, ihia 
abatt be published and affixed as ususu. 

GOD SAVB.THE KINo! 

Given under my hand and seal, at the Cape of Good 
Hope, this I5th day of September, 1820. 

(Signed) R. S. Donkik. 
By his excellence's command, 

(Signed) C* Birp. 



208 A^NEXURE 11. 



PROCLAMATION. 

By his Excellency Major General Sir Rufane Sbawe 
Donkin, Knight Commander of the Most Honourable 
and Military Order of the Bath« Acting Governor and 
Commanding in Chief His Majesty's Forces at the Cape 
of Good Hope, &c. &c* &c» 

Whbreas the late accumulation of population in various 
parts of this colony, remote from die residences of the 
local magistrates, renders it necessary and expedient to 
adopt some further measures for the prompt adminietration 
of justice, in cases of misbehaviour, or minor offences, and 
I li^ve, therefore, come to the resolution, to grant my Mrar- 
rant to certain heemraden, whose local situations may 
enable them to take cognizance in the matters aforesaid, 
under the regulations hereinafter prescribed ; and to select 
and appoint, in the first instance, certain^additional heemra- 
den, where I may deem it expedient, who, by virtue of such 
appointment, shall beccnne members of the board of land^ 
drost and heemraden of .the district in which they rested 
at the period of their respective appointments, and be 
vested with power to investigate misdemeanors^ and minor 
effenceSf and decide therein, under the fdllowing instruc- 
tions, viz.**^ 

Art. 1. All complaints of persons not acting in the 
capacity of public prosecutors, concerning misbejiaviour, 
(minor offences,) not liable to public punishment, and 
being, moreover, of sucih a nature, as to adnvit of an mni- 
cable arrangement, including all complaints of tradesmeft' 
and others, against their apprentices ; of masters agiiinst 
their servants, whether freemen or slaves ; and of servants 
against their masters ; and farther, all complaints of parenta 
af^ainst their children, shall be subject to the judicial cog- 
nizaofce of any heemraad, who shail be furnished with a 
warrant to this effect, under my signature,- or that of the 
governor for the time being, provided the offence has been 
committed within the limits assigned to his jurisdiction, 
which limits shall be fixed and made known, according to 
circumstances, by the landdrost of the district. 

Art. 2. In all the cases mentioned in the preceding 
Article, it will be incumbent on the heemraad to endeavour 
to reconcile die parties : should, however, his endeavours 



ANKIXURE II. 209 

prove unsuccessful, a record is to be made thereof; after 
which he will proceed to a judicial investigation of the 
case. 

Art 3. For this purpose, a time must be appointed to 
the parties, for the investigation or trial of the case, which 
shall take place as soon as possible, according to circum- 
stances, especially the greater or less distance of the dwelU 
ing places of those concerned, ^and of the witnesses, from 
the residence of the heemraad. 

Art. 4. At* the commencement of the trial, the com- 
plainant shall relate the circumstances of his complaint ; 
but, previous to being thereto admitted, he shall be obliged 
to take the oath required in crown trials. The complain^* 
ant, or accuser, having given his relation, the accused shall 
be asked by the heemraad, whether he acknowledges the 
o£fence imputed to him, in the act of accusation, or not i 
And in case he pleads guilty, the heemraad shall proceed 
to pronounce his sentence ; but in case the accused pleads 
not guilty, or refuses to answer, the witnesses of the com* 
plainant shall be examined.. After which, the accused 
shall make his defence, and the witnesses of the accused 
shall be examined, and this having been done, the heem- 
raad shall pronounce, according to law, his decision or 
sentence. It is, however, required, that the heemraden in 
the judicial investigation, and in the passing of their sen* 
tences, as far as the nature of the circumstances aflows,. 
shall prbceed, conformably to what has been prescribed itt 
the mode of proceeding in crown trials. Articles 78, 79, 

log, no, HI, us, and 119. 

Art. 5. Should the Keemraad, before whom a case i» 
tried, feel doubts as to the decision or sentence which he 
ought to pronounce, he Is at liberty to refer the case to the 
board of landdrost and heemraden. 

Art. 6. An accurate record shall be made of the whole 
of the proceedings in each case, including the sentence,^ 
and as far as the nature of the circumstances admits, agree* 
ing with what has been prescribed for the crown trials. 
Articles 83, 84, and 85. 

Art. 7. In the case of the non-appearance of the com- 
plainant or accused, or of any of the witnesses who shall 
have been duly summoned ; as also in case of unwillingness 
or refusal of any of the witnesses to give evidence, it will 

be incumbent on the heemraad to act according to what 

p 



210 ANNEXURE 11. 

has been prescribe^ for ^he crown tri^ls^ Articles i 14, 11^^, 
U6, and Ii7. 

Art. 8. An appeal is allowed from the sentences of the 
heemraad> to the respective boards of landdrost and heem- 
raden of the districts in w^ich they reside^ in those ca3es 
in which a rehearing by the full board has been allowed to 
the p,arties^ from sentences of landdrosts and comipissioned 
beemraden of the districts; in which cases, the appeal 
shall fee noted in the office of the heemraad, within fiv^ 
days after the pronouncing of the sentence ; and a sum oJT 
25 rds. shall be at the same time deposited in the said 
office, which sum shall become forfeited, in case the sen- 
tence be confirmed^ or the appeal not prosecuted. The 
prosecution of the appeal shall take place at the first 
ensuing court-day, after three days being computed from 
the date of the pronouncing of the sentence, or if with- 
in such time the same cannot take place, owing to the 
distance of the dwelling places of the parties from the 
drostdy, then on the first succeeding court-day. 

Art. 9- With regard to the execution of the sentences 
of the heemraden, to the forfeiture of the right of appeal- 
ing, and also to the prosecution of the appeals, the mode 
o( proceeding, as prescribed for crown trials. Articles 131 
^d 132; as also Article^ 8, 133, and 134^ shall be foU 
lowed. 

Art. 10« The heemraden, acting under special warrants* 
are also authorized and directed, within the limits of their 
respective jurisdictions, to summon before them any persoi^ 
or persons suspected, on probable grounds,, of intention to 
break the peace ; and conformably to what has been pre- 
scribed for the crown trials. Articles 95, 96, 97, and 98, 
are to cause him or them to gi^fe sufficient security, by 
bond, to keep the peace ; or in case of non-appearance, 
unwillingness, refusal, or inability, to give such security, to 
take him qr them into custody ; for which purpose, tl^e, 
heemraden herein alluded to, will unite in their own per- 
sons the authority, which, in the said Articles of the crown 
trial, has been divided between the public prosecutors and 
the judges. 

Art. 11. In case of the commission of crimes, which 
are subject to a public corporal punishment, within the 
limits of the juyisdictLon assigned to heemraden, having my 
apedaj warrant, , as aforesaid, they are authorized, without 



previous iiidicialdeck'ee, to'eaose the supposed offenders to 
be apprdbended, in whieh esses they shall be obliged td 
tdce the depositions on oath, of one or more competent 
witnesses, who can gf?e evidence respecting the circum^ 
atances of the perpetration of the offences ; and in case of 
non-appearance of the witnesses who shall have been duly . 
summoned^ as also in cases of unwillingness, or refusal of 
any of them, to answer the queries, or give the evidence 
required, the heemraad is hereby authorized to act against 
such witeess, as is prescribed by the 11 5th and 11 6th 
Articles of the proceedings in crown trials. 

Art. 1 2. In cases of suspicion of future misbehaviour, 
for which the giving of security for good conduct, or appre-* 
hension of the suspected persons, shall be required, or in 
cases of the apprehension of offenders, an accurate record 
shall be kept by the heemraad, containing the depositioil 
and evidence, duly sworn to, the contents of the bonds of 
•eicurity given by the suspected persons, and all such fur* 
ther information obtained, as shall relate to the respective 
cases. 

. Art. 13. The heemraad acting under thi^ proclamation 
shall transmit, without delay, to the respective drostdies of 
the districts to which they belong, all persons apprehended, 
eflther for the prevention of crimes, or in consequence of 
crimes actually eooinutted, together vdth the authenticated 
copies «f the records relating to the oases of such persons, 
in ordentfiei|eby.to Enable the landdrosts fiirther to act in 
the said' cases, according to thef nature of the circumstahces, 
oottfiurmably to law. 

Art. 14*. The field^comets, within the limits of the 
jurisdiction assigned to the heemraden ialluded to, shall be 
obliged to send, for their information and guidance, copies 
of their reports relative to crimes and misdemeanors com- 
mitted within their field-cometcies, as also copies of their 
reports after inspections> or inquests « 

Art. 15. Should any person feel himself aggrieved b^ 
any act or: acts of the heemraden acting under this procla- 
matiosy it will be then required> that he shall address him*^ 
sdf iby memorial to the landdrOst and heemrdden of the 
district, who, upon investigation of the circumstances, 
shall/ If necessary, afford the redress required, or otherwise 
refer ikiaor tot the proper authority, for the purpose of obtain-^ 
ing redress. 

p2 



212 AB^NEXURE 11. 

Art. 16. Each heeinrtad acting under this proclanuition, 
shall be allowed to appoint a clerk, whose duty shall can* 
sist, in being present at all bfficial transactions of the ke«»- 
raad, framing the necessary records thereof, drawing up 
summonses and requisitions, writing acts and copies, and 
attending to all such further official duties, as shall be 
required of him bj his employer. The sum of 300 rds^ 
annually will be allowed the heemnad^ to defray this 
charge, payable out of the treasury of the district. 

Art. 1 ?• The heemraden alluded to, shall have at their 
disposal the services of one or more inhabitants^ whose 
dwelling places are situated nearest to their residences, to 
be appointed by themselves, on whom it shall be incum- 
bent to serve such summonses and requisitions, as they 
may -find it necessary to issue, and to apprehend such per^^ 
sons, against whom the heemraden may find it requisite to 
issue their warrant, and to convey them to the respective 
drostdies, in which they shall be assisted, in case it may be 
deemed necessary, by one or more of the other inhabitants, 
regularly called upon to this effect. 

Art. 18. In selecting the inhabitants for the duties 
alluded to in the last Article, the heemraden shall, as far as 
possible, select unmarried persons, burghers of this colony, 
not being heads of families ; and unless such inhabitants, 
for reasons to be detailed by them, by memorial to me, or 
to the governor for the time being, shall have been excused 
from the services to which they have been appointed, they 
shall be obliged to perform the said services, and continue 
in such functions during two successive years, on pain of 
being <;ansidered as opposers of the lawful commands of 
the magistrates, and punished accordingly. 

Art. 19. All burghers in the service of the heemraden 
actii^ under this proclamation, shall be freed from all other 
municipal duties, especially commandos, and they wili, 
over and above the disbursements they may be necessitalied 
to make, be allowed a certain sum for their trouble in 
serving summonses and requisitions, and in . apprehend- 
ing persons, to be regulated according to such tariff as 
shall be made for them ; all which expenses shall be 
paid to them, out of the district treasuiy .in which the 
heemraad shall reside, subject to reimbursement hy the 
parties, who eventually 'shall have been condemned to pay 
the costs. 



.AKN£XUE£ IL 219 

Tbe' heemraden^ furnished with the special warrtnt 
aUuded to above, shall take the following oath, in the 
ooiurt of landdrost and heemraden, viz. — 
^' I do sincerely promise and swear, that I will be faithfal 
and bear true allegiance to his Majesty George the IVth, 
Kkig of the United Kingdom of Great Britain and Ire- 
land ; and that I will faithfully and obediently serve his 
Majeaty's government established in this colony ; that I 
will do the duties prescribed by the proclamation of the 
1 5th Sept. 1820, diUgently, and to the best of my abilities; 
that in the performance of these duties, I will do equal 
and impartial justice to all parties, without fear of any of 
them, or of their friends or protectors." 

And that no person may plead ignorance hereof, this 
shall be published and affixed as usual. 

GOD SAVE THE KING ! 

Given under my hand and seal, at the Cape of Good 
Hope, this 15th day of September, 1820. 

(Signed) R. S. Donkin. 

By bis excellency's command, 

(Signed) C. Bird, Sec, 



N^ 12. 

(Copy.) 

Coloiiial Office, Dec. 14th, ta^a 

SiB, 

His excellency the acting governor having autho- 
rized the officers of the commissariat to issue ratiofis of 
bread and meat to such of the settlers, who should stand 
in need thereof; which rations his excellency has directed 
to be delivered to heads of parties, according to the num- 
bers of the respective parties, it has come to his e^ce^ency's 
knowledge, that some of the heads have, (notwithstanding 
their having drawn die aforesaid rations of provisions,) in 
various instances, stopped the issue thereof to the men of 
their parties, under the pretext, that such men had been , 
refractory, or had not worked properly ; I am directed, . 
therefore* to acquaint yoM« that his excellency does not 
affpr/c^e of the liqe the heads of parties have adopted in 
these cases.. 

But bis excellency, agreeing in the principle, that if men 



1214 AUKBXUlll 12. 

wUl not vmtkf they Bh«U not- be fed by theirr %miployerB, 
basjdesired that you may Qotify to iIk Jieaife of partiec; 
that if they have juBt-^omplaiQts against their people^ oa* 
this pointy upon.tMir layii^ them before you> and sdibatan* 
tiating the same, you wiU authorize, in writing, the vtifli'- 
holding the number of rations, according to circttoistances ^ 
which number is in such cases not to be drawn firom- tk^ 
pubUc stores, which it is necessary, csn every account, ta^ 
oeeonomize as much as possible. 

I have the honour to be. 
Sir, 
Your obedient servant, 

(Signed) C. BI]u>•^ 

Tk€ Landdro9t rf Uitenhoge^ 

Deputy do, of Graham** Town, 
Deputy do. ofClanwilUam^ 
Provisional Magistrate^ Bathurst. 



N^ 13. 

(Copy.) 

Colonial Office, Dec. 21st, 1820. 

Sir, 

I AM directed by his excellency the acting go- 
vernor to transmit to you, herewith, circular letters, to be 
sent to each of the heads of parties in your jurisdiction, 
as soon as it may be practicable to have them conveyed to 
them. You will perceive, that it is his excellency's inten- 
tion, that such arrangements should now be made, as shall 
lay the foundation for the future supply of the settlers^ 
from means, which shall be independent on the civil govern- 
ment or commissariat. 

His excellency is quite aware of the calamity of blight 
which has blasted the hopes of so many of the nK>8t indus- 
tribus of the settlers; and his excellency will use every, 
effort in his power, to avert the consequences, which with- 
drawing the government supplies altogether would, at such' 
a period, occasion ; the entire stoppage of the commis- ; 
sari^t issues must, therefore, still be a prospective measure ;- 
but the circumstances of the country generally, in conse--- 
quence of the great failure, in all its districts, by blight ; • 
and the welfare of the setters themselves, which depends 



AI^OT^XUkE 1^ SIS 

io mticb on their exertions for their owh support, necesstr 
tate fi strict oeconomy in the issues. It witt be necessary, 
therefore, that you consult with Capt. T. S. on this sub*- 
j^ct, with the view of ascertaining from the heads of par- 
ties, and by personal inspection, what resources, from 
vegetables or otherwise, the settlers can depend upon ; so 
that each shall draw no more from public stores than is 
absolutely indispensable. It will require great persever- 
ance and exertion to act up to the entire spirit of this in- 
struction ; but his excellency is convinced, that you wiB 
see the absolute necessity of the measure ; and that yon 
will, in consequence, have it in your power to make him 
an early report on the subject. 

Independent of the consideration of oeconomizing the 
supplies, it will be evident to you, that it is necessary that 
some steps should be taken, which shall have the effect of 
constraining the able-bodied to labour ; which, it is as*- 
sumed, they will not be sufficiently inclined to, while tod 
much facility in procuring . subsistence without labour is 
afforded them. 

I have the honour to be. 
Sir, 
Yotir ot)edient sel^ant, 
(Signed) C. Bird. 

The Deputy Landdrost^ Gtaha$n*s Toxm, 
Pivvmonal Magistrate, BMurst, 



N°. 14. 

( ^^Py* — Circular, ) 

Colonial Office, Dec. 21st, 18i20. 
Sir, 

His excellency the acting governor deems it ex- 
pedient to give you notice, that he has directed the officers 
of the commissariat deputy to close the account of depo- 
sits with yourself, and other heads of parties, charging 
against the sums of deposit to which, by the communica- 
tions of his Majesty's secretary of state for the colonics, 
you appear to be entitled, the amount of stores, provisions, 
and waggon hire, with which you stand debited to his 
Majesty's government. ' 

Y^kir account vrill be closed to the end of this pres^M 



216 ANNSXUKfi 14. 

year, with the ^iew of discontmuing the issue of provisioof 
by goveramenty as soon as it shall he practicable, subse- 
quent to the housing of the present harvest. 

His excellency the acting governor does not disguise 
from himself, that circumstances have occurred which wiK 
prevent many of the settlers from being yet in a position 
to maintain themselves from the produce of their respec^ 
tive locations. These circumstances, which have arisen 
either from the late period of the season at whidi the trans- 
ports arrived here, or from the want of ploughs and agri- 
cultural implements, which, unfortunately, did not reach 
this place until long subsequent to the arrival of the settlers ; 
or finally, from the unprecedented calamity of the blight, 
which has cut off so much of the just expectations of the 
industrious, induce his excellency (contrary to what had 
been his original intention) to continue to authorize the 
commissariat to provide, in some degree, for the failure of 
private resources, and to continue to issue, upon payment 
or undoubted security, such proportion of provisions as 
the respective parties may not have it in their power to 
procure from other sources, in a country destitute of 
markets. 

It will be evident to you, that the greatest ceconopy 
should pervade the system of issues; the commissariat, 
therefore, cannot be authorized, on any account, to issue a 
larger ration than what is allowed to his Majesty's troops ; 
and circumstances may arise, which may render it impossi- 
ble to issue to the settlers a soldier's complete ration, in 
which case a proportionate diminution in price will be 
made ; and it is to be distinctly understood, that neither 
this government, nor the commissariat, can or does pledge 
itself to issue any specific and unchangeable ration, either 
in quantity or quality ; as it must be obvious, that the dif- 
ficulty of transport at this season, with many local circum- 
stances, may render the exact execution of such a pledge 
impossible. 

It will be requisite, that you ^ive regular and early notice 
to the magistrate, in whose junsdiction your location may 
be, pf the number of rations you may from time to time 
jrequirts, stating therein the mode of payment you propose 
Jfor the same ; which mode must be clear and satisfactory, 
}t not being to be exjjected, that his Majesty's ^ovemmeixt 
9tlp^ld i^ttl^orize any issues of stores or provisions, unless 



AUTNEXURS 14. 217 

it be reimbursed: nor will rations be supplied for a greater 
number of persons than shall be actually on your location 
at the time of drawing for the same. It is also necessary 
for you to observe, that issues of provisions will only be 
made at Graham's Town or Bathurst. 

The demand against your party for waggon hire, for 
their transport from Port Elizabeth to the Albany district, 
is very great ; it was, however, clearly stipulated, that his 
Majesty*s government should be at no expense, with rcr 
spect to the settlers, subsequent to their landing ; his ex- 
cellency, therefore, cannot release your account from that 
charge, unless under fresh instructions from his Majesty's 
government ; but he has referred the question home, for 
consideration, and will communicate the result to you, as 
soon as he shall have been honoured by a reply. 
I am. Sir, 

Your obedient servant, 

(Signed) C. Bird. 

To the Heads of Parties, 



(Copy.) 

SlK, 



Colonial Office, Jan. 19th, 1821. 



In reply to your letter of the 6th inst. (Graham's 
Town, 9th inst.) I am directed by his excellency the acting 
governor to transmit to you herewith a copy of instructions 
which his excellency has given to the acting commissary 
general, on the subject of issuing rations to the heads of 
parties, whose people, in consequence of the failure of the 
late harvests, and in consequence of their inability to pro- 
cure the means of subsistence through other channels, may 
still be under the necessity of leaning upon this government 
for immediate support. 

You will perceive that in unison with the sentiment ex- 

fressed in the circular to heads of parties, of the ^Ist 
)ecember last, it is intended, under the present arduous 
circumstances, not to withhold the beneficent hand of go- 
vernment from the settlers, though it must clearly be ex- 
plained to such, as shall continue to draw the aid of 
/ations from government, that payment will be expected 



i2l8 Aiiriir£xuR£ 16. 

from tfiem as sooti ad circumstances shall enable them to 
meet the demand. Yoti will point out to diese heads^ 
that, for the present, their receipts for provisions to be 
issued in the proportions notified to the commissary (but 
on no account in larger proportion) will be taken, which 
receipts, if the amount be not liquidated previous to their 
obtaining the final grants of the lands on which the parties 
lire located, will be converted into a mortgage on the whole 
of the location, including buildings, stock, &c. thereon. 

You will perceive that in future no provisions or stores 
are to be drawn by any head of party, without his having 
the return countersigned by you. It is by this intended to 
obviate the possibility of any person drawing provisions, 
who is not attached by proper authority to the party located ; 
and to authorize such only to be drawn for, as are actually 
industrious^ and so working on their lands, as to afford a 
chance of repayment by the increased value which may be 
anticipated therefrom. This discretion, which his excel- 
lency reposes in you, is one of a very delicate nature ; but 
his excellency trusts, that your known humanity and dis- 
cretion will obviate any inconvenience which might be ap- 
prehended from it, and that you will see in the measure a 
means of spurring on the indolent, and not of withdrawing 
an essential aid from the sick, infirm, or weakly. 

You will observe that no stores are to be drawn without 
your counter signature :. the object hereby is, to check any 
unnecessary or improper issue ; and you will also notice, 
that henceforward no stores will be issued to parties, ex- 
cept upon prompt payment. 

The parties under Captain Campbell, Captain Butler, 
Messrs. White, Francis, Latham, and Scanlam, are to draw 
rations for the numbers only that were landed at Algoa 
Bay. These rations are to be paid for by the colonial go- 
vernment; it is necessary therefore to observe, that any 
persons who may have joined these heads subsequently 
must be differently provided for. 

It will be evident that all those who work for wages 
have it in their power to make immediate payment for the 
provisions they may require. It is further necessary that 
all parties shall be apprised, that in consequence of thfe 
destructive blight, which has so unprecedently afRicted 
every part of the colony, it is impossible that a considera- 
ble reduction of the ration may take place, as already the 



ANNEXURE 15. 219 

iAbabiiafits of this town have their bread niiade SVhh one- 
BJxth of barjey flour mixed \yith the wheat. 
I have the honour to be. 
Sir, 
Your obedient servant, 

(Signed) C. Bird; 

ProvmaneU Magistrate, Bathursty 
Acting Deputy Ltmdt. GrahanCs Town. 



N^ 16. 

PROCLAMATION. 

By his Excellency Major General Sir Ru^ne Shawi^ 
Donkin, K.C.B. Acting Goyemor and C<^ininaiiding in 
Chief, &c. &c. . , 

Whereas it has appeared to me to be expedient and ad- 
visable, that a full and permanent seat of magistracy should 
be- established in the district of Albany, in order that the 
inhabitants of that district, including the new locations of 
the settlers from England, may have the full benefit of easy 
access to a provincial court, and be visited annually by the 
regular commission of circuit from the worshipful the court 
of justice, I do, therefore, hereby give no^ce^'tfaat the 
province of Uitenhage shall henceforward be limited and 
bounded on the east by the Bosjesman's River ; and, cbn- 
se^uently, that the country to the eastwahl thereof, with the 
newly-acquired territory between the Great Firfi Rivierand 
tbe Keiskamma, and including the field-cometcies of upper 
and under Bosjesrman's Rivief, of Bruintjes Hoogte, and 
oi Albany proper, shall fotm the province of Albany, whos^ 
chief place and seat of magistracy shall be the' town of 
Bathurst; 

' The court of heemraden for this district vrill consi^ on 
its formation, of th6 heemraden resident within the liiAks 
of the stib-dTostdy of Graham's Town. But it is hereby fur* 
ther made known, that these regulations shall ik)t take effect, 
until the l^nddrost, whotn I shall appoint to the new dib« 
triet, shall have arrived at th^ seat of magistracy, and taken 
epon himself the diities of his station. After which he is 
hereby authorized to make such minute arrangements with 
l?ke fjinddrost of Uitenhage, con^emnctg' their respiectite 



820 AlfN£XUR£ 16« 

boundariesx as shall not have been provided for bj thur 
notification. 

And that no person may plead ignorance hereof, this 
shall be published and affixed as usual. 

GOD SAVE THB KING ! 

Given under my hand and seal at the C^pe of Good Hope. 

(Signed) R. S. Donkin. 
By bis excellency's command, 

(Signed) C. Bird. 



Secretary. 



Government Advertisement. 



His excellency the acting governor has been pleased to 
appoint the commandant on the frontier. Major James 
Jones, to be landdrost of the district of Albany. 
C^ of Good Hope, May 25th, 1 821 . 

By his excellency's command, 

(Signed) C Bird, 
Secretary. 



N^ 17. 
(Copy.) 

Colonial Office, May 98th, lasi. 

Sir, 

The bearer, Mr. P. Mullingham, having ar- 
rived here in the Waterloo brig, from England, has applied 
for leave to proceed into the Albany district, for the pur- 
pose of taking lands there, according to his means, under 
the general instruction of the secretary of state on this 
head. I inclose a copy of Mr. Mullingham's letter to me, 
in which he points out what the. means are which he 
proposes to bring into this settlement, for the purpose of 
carrying his plans into execution. I have not thought it 
expedient to refuse this persona passport according to, his 
desire ; but I have very cautiously and very decidedly ex-^ 
plained to him, that his own assertion, as to his means, will 
not be satisfactory to the magistrate of the interior; and 
that he must have better documents to proye his meaas 
than those he has produced to me, or that otherwise it will 
lipt be in your power to permit him to occupy any public 



AlfJNEXURE 17^ 221 

ktid within your jurisdiction. I have expldned to him, 
that by the word " means " in the secretary^of state's letter, 
is to be understood, either articled servants, brought into 
this country at his expense, and maintained for a term by 
him, or stock and movable property ; or tangiUe funds hn 
thb country ; all which he seems to be at present destitute 
of. But as he has shown me some papers, which lead to 
suppose that he has a command of pecuniary capital in 
England to a certain extent; and as he states that he 
wishes to see the country, in which he is anxious to settle, 
previous to his finally establishing himself: in these cir- 
cumstances I have given him a provisional passport, to go 
through the country, io which he is directed to report him- 
self to you, and he will be the bearer of this letter, which I 
shall also send you a duplicate of, per ordinary post. 
I have the honour to be. 
Sir, 
Your obedient servant, 

(Signed) C. Bird. 

Major J^tmes Jones, 
Landirost f^tke Albany District, 



Colonial Office, June 23d, 189 1. 



N°. 18. 

(Copy* — Circular.) 

Sir, 

I AM directed by his excellency the acting go- 
vernor to acquaint you, that he has had very great satisfac- 
tion in being able to communicate to you, that a repre- 
sentation he had the honour of submitting to Earl Bathurst, 
some time ago, ii^ your behalf, on the subject of waggon 
hire, had been attended with success. 

His lordship has been pleased to acquaint him in a dis- 
patch, under date 2d Decemberi 1820, that he may ** dis- 
pense with the repayment, by the settlers, of the sum* which 
may have been advanced on their account ;*' but his lordship 
adds, that *' this additional boon should enable the settlers 
to overcome all their real difficulties; and you will therefore 
apprize them, in granting it, that it is the only additional 
assistance which, under any circumstances, die government 
can afFoEd tbem.'^ His lordship concludes, % ordering 



282 ANNfiXURE 18. 

the seldera to be dktinctl j informed, that no rations c^a be 
iMuedy without payment* for any period, however limited. 

The acting govenior is persuaded, from the proper spirit 
and feeling which he has observed during his late residence 
in Albany, that you will receive this act of consideration 
and munificence on the part of his Majesty's government 
as you- ought to do ; but the best return you can make, and 
one whi<;h will be most agreeable to your sovereign, as 
well as most useful to yourself, will be the exertion of in^ 
dustry^. You should recollect, that the cost of every ration 
now issuedi in consequence of the late calamitous failure 
of the crops, will be charged against your party, and that 
you, ^8 head of it, will be personally responsible for the 
amount ; and, consequently, that every settler under you 
will be personally responsible to you ; and that, moreover, 
the land you are to obtain will be mortgaged to the amount 
of rations issued, as has already been distinctly explained 
from this office. 

It behoves, therefore, every settler who can possibly sub« 
sist himself, to decline the further drawing of rations, 
which must weigh as a debt, hereafter, on him and on his 
land ; and after the manner in which the burthens of the 
whole have been lightened, by taking off the waggon hire, 
the personal interest of every man, as well as a sense of 
duty and gratitude, should spur him on to such exertion, as 
shall place him in the proud independence of living on food 
of his own earniqg, and enable him speedily to discharge 
the now comparatively small debt due to government. 
I am. Sir, 

Your obedient servant, 

(Signed) C. Bibd. 

Totke Beads of Parties 
located in the Albany District. 



Colonial Offioe, July SOtfa, 1821. 



N^ 19. 

(Copy. — Circular.) 

Sir, 

Rbverring to the circumstances, which were 
notified in consequence of the inten^w which his excels 
kttcy the acting governor had with heads of parties, in the 



ANNEXURE 19- 220 

AUbsmy diatrict, in the courjie of last month, I tm now 
directed to acquaint you, that his excellency has made ar- 
rangements with the department of commissariat, to conti- 
nue to heads of parties, for the settlers present on their, 
respective locations, rations as at present issued, until the 
30th day of August nqxt. Subsequent to which, one-half of 
the ration now issued will only be distributed for each indi- 
vidual, up to the 31sJ; day of December; and, after that 
day, no ration, or provision of any sort, will be issued by 
the commissariat. 

It will, therefore, behove the settlers of your part^, to 
provide, by every exertion and oeconomy, for their mamte- 
n^nce, from the 1st day of January, 1822 ; by which time, 
not only their wheat crops ought to be got in, but other 
sources of supply should be also productive. 

The accounts of the several parties will be finally closed 
with the conmussariat on the 3 1 st December, aforesaid ; 
and the heads of them will then be made acquainted with 
the amount of debt, for which they and their parties are 
responsible, and for which amount their respective allot- 
ments will be specially mortgaged. 
1 am. Sir, 

Your obedient servant, 
(Signed) C. Birp. 

To the Heads of Parties of Settlers. 



N°. 20. 

Extracts of Instrmtions to the Rev. Mr. Thompson^ 
and Mr. Brownke. 

There is, perhaps, no circumstance connected with the 
interests of his Majesty's government in this settlement, 
that his excellency Lord C.H. Somerset feels more anxiously 
alive to, than the introduction of Christianity among our 
unenlightened neighbours, and with it, its invariable con- 
comitant, and greatest of temporal blessings to a people, 
" civilization." 

Independent of the duty which his excellency feels to be 
imposed upon him, to give every aid in his power to the 
diffusion of the principles of our holy religion, thereby to 
be the humble means of recovering some few from the 



224 AKHEXUilE 20. 

deplorable darkness in which they are still lamentufrfjr 
plunged ; independent of the gratification a liberal and feel**' 
mg mind must experience, from having it in bis power to 
aid in spreading the arts of civilized society among hordes 
still in a state of the grossest barbarism ; his excellency is 
convinced, that he shall better consult the immediate inte- 
rests of the settlements committed to his charge, and put 
more easily a stop to those inhuman massacres and ruinous 
plunderings, which take place on our border, by complying 
with the wish of the Caifre chiefs to have a zealous and en- 
lightened instructor sent to him, than by any acts of hos- 
tility towards the offending Caffres. 

His excellency, aware that you have been educated with 
the view to your carrying religious instruction to the heathen, 
begs to say, that it is not in any shape his intention to pre- 
scribe any particular method for you to adopt on this head. 
He relies upon your judgment and discretion on these 
points. But bis excellency will be desirous of regular and 
correct information of the progress made by the Caffre peo- 
ple in the principles we profess, and of the numbers who 
embrace the Christian faith. 

His excellency's chief object, next to this of religious 
instruction, is, that you should constantly impress upon the 
chiefs, his friendly feelings in their regard ; that you should 
explain to them his wish, that the border now fixed for the 
two nations should not be violated by either ; that, on his 
part, he is prepared to punish any colonist who shall com- 
mit the most trifling offence against the Caffre people ; and 
that it is but just, in return, that the Caffre chiefs should^ on 
their paits, seek out and punish those who commit depre- 
dations and murders in our territory. His excellency is 
anxious to establish ^uch an intercourse between the Caffre 
people and tlie colonists as shall be mutually beneficial ; 
and for this end» he is desirous of obtaining correct state- 
ments as to their wants, and also as to the objects which 
they may be able to bring to Graham's Town for barter. It 
must take time to collect all the knowledge which this ob- 
ject requires ; but every now and then, an additional obser- 
vation or hint will add to the stock of information we pos- 
sess, and be essentially useful. 

There is great reason to believe, that, notwithstanding 
the long intercourse which has subsisted between the co- 
lony and the Caffres, the information yve possess, relative to 
that people and their country, is very incorrect and inade- 



ANNSXURE 20/ 225 

qmte ; it will, therefore, be a most importi|iit object for 
your }eisure> to' collect as much information on these points 
as possible^ and to furnish the colonial government there- 
Mfith, The strength and positions of the border chieftains^ 
their relations to each other^ and the peculiar features of 
their social compact, are subjects of the greatest moment 
ta be correctly informed of. We wish also to be in pos- 
session of their mode of culture, and the treatment of their 
cattle — in short, it will be highly interesting and instruc- 
tive to bave, by degrees, the most minute detail^ of thek* 
oeconomy. 

The line the colonial government has adopted, with re- 
spect to Caffre plunder, is to follow it, if possible, to the 
first kraal it can be tracked to, and there to insist upon re- 
stitutioB, or equivalent. This system has -restored confi- 
dence on our side of the border, but is naturally not 
relished on the CaiFre side, and it has led to some lament? 
able SK^ts of hostility. It is greatly to be wished, that the 
necessity of such a system should be done away, and herein 
the benevolent exertions of an enlightened adviser may be 
greatly useful. Nothing can be more clear than the im- 
morality of the Caffre aggression on the colony ; nothing 
more distinct than the^ peaceable and friendly views of the 
colonial government towards the Caffres. It requires, there- 
fore, that they should be convinced of their injustice, and 
that they should also see the impo&y of tiieir proceed- 
ings. If they live at peace with the colony, their own wcIt 
fare may be secured by it, and their wants supplied; a conr 
trary system brings upon them those evils which, have 
visited their people ever since it became necessary to expel 
them from our territory. 



PROCLAMATION. 

By his Excellency Major-General Sir Rufane Shawe 
Donkin, Knight Commander of the Most Honourable 
and Military Order of the Bath, Acting Governor and 
Commanding in Chief His Majesty's Forces at the Cape 
of Good Hope, &c. &c. &c. 
Wherbas the landdrost of the frontier district of Albany 
^having, by my express desire, had an interview, v^ith^ the 

Q 



226 ANKBX0RE. 21. 

Ctffire diiefiGaUca^ for; the purpose of cementing tti^ 
friendly relations wfaidi' happily exist between the Cuffre 
people and the colony, it has been stipulated, amongst other 
things, that an annual fair shall be held on the banks of the 
Keiskamma River, for thie purpose of supplying the Caffres 
mth such articles as (hey have been in the habit of obtain^ 
ing from the coloby, through the channel of government, 
but which they have not regularly procured since the period 
at which die distnrbances of tfa^ year 1818 broke out. 
These, therefore, are to give notice, that an annual fair will 
accordingly be held, under the following regulations, which 
shall be subject to such alterations and modifications as, 
from time to time, shall appear to me^ or to the governor 
for the time being, to be necessary, viz* — 

1st. The landdrost of Albany, after having arranged with 
the Cafire chief Gaika, the spot on which a fair is to be 
held, for the object of supplying the Caffi'es with such arti* 
dies as they may require, in barter for.cattle^ or the produce 
of the Caffre country, is to give notice within his district, 
and to the landdrost: of Uitenhage and Graaff Reinet» of 
the time' fixed for the intended fair, which he will also ar- 
nmge with the Caffi^e chief. 

Sd. As in this firbt attempt to establish a regular traflGlc 
with the Cafire nation, it will be essential to enforce the 
krktest order, it will be desirable that the landdrost of the 
district shall attend in person, if possible ; or, should he be 
prevented from so doing, that he should depute one of the 
special heemraden to superintend the regularity of the 
tranisactfons. 

dd. The landdrost shall appoint a clerk of the market, 
who shall take a regular account of the transactions of the 
fair, which shall be afterwards made public through the 
channel of the Cape Gazette. 

4th. It shall be the duty of the superintending magis- 
trate, to annul all transactions of the fair, which shall ap- 
pear to him not to be just towards the Cafire people, so 
that they may thereby be secured an adequate compen- 
sation for such cattle or produce as they may bring for 
disposal. 

5th. The fair shall open one hour after sunrise, and ter- 
minate one hour before sunset. No transactions entered 
into out of the hours of the fair shidl be considered legal. 

6th. The landdrost shall not permit any persons from the 



colony to attend the fair who have not articles to dispose 
of,, it being of the greatest, importance to public peace and 
security, that all crowding should be prevented. The land-^ 
drost, or superintending magistrate, will therefore use the^ 
most summary means to send away such persons as axe- 
above described. 

The, landdrost, or superintending magistrate, shall alsa 
make arrangements with the Caffre chief, in. order to obvi- 
ate the consequences which might ensue from the Cafires 
crowding upon the colonial venders, and thereby exposing 
their property to the plunder of the Cafires. 
' 7th. The landdrost or superintending magistrate, shall 
be careful to be attended by as many interpreters as he can; 
conveniently collect, for facilitating the intercourse of all 
concerned. The landdrost will also require the presence,, 
during the fair, of Mr. Brownlee, the colonial agent in 
Caf&aria. 

8th. The landdrost shall stipulate with the Caffre chief 
Gaika, that the Caffres shall attend the fair unarmed ; and 
it will also be desirable, that the Caffire chief permit such 
such Caffres only to attend, as may. have cattle or produce 
tadispose of. 

9th. The disposal of spirits, wines, beers, or other liquors, 
whether by sale, barter, or gift, is peremptorily forbidden ; 
and should the landdrost discover ^ny such to have been 
brought to the fair, (unless for the immediate want of those 
persons who may be in possession of them,) he is hereby 
authorized and directed to seize and spill the sam^, and to 
inflict such summary punishment on the bringer or distri* 
buter (including corporal punishment) as shall to him ap- 
pear equitable. The consequence of intoxicating the sa- 
vages, or any proportion of them, might, and probably 
would, prove fatal to the best interests of the settlement. 

10th. It is, in like manner, most strictly forbidden, to 
take to the fair, for sale or batter, or to exchange, or give 
a^2^ there, any fire-arms or stmmunition. Any person 
offending against this regulation shall be punished by the 
superintending magistrate^ as in the cases alluded to in the 
iadt article. And all fire-arms> or ammunition, found in 
possession of persons attending the fair, unless the same be 
bona Jide fi>r the immediate use of the person who shall 
havig sucii in possession^ shall be seized and sold, for the 
benefit of the treatary of the Albany district. • ' 

q2 



228 AI^NEXUR£21. 

r 

11th. The landdrost or superlntendmg inaglsti'ate> i^ 
hereby authorized and directed to use the most summary 
means in keeping thf peace ; and is empowered to arrest, 
and send away in custody, any person who shall not de- 
mean himself with due order. It is most urgently recom- 
mended to the inhabitants who may attend the fair, to be as 
eourteous and kind to the Caffres as possible, in order to 
inspire them with that confidence^ which is requisite to 
ensure a continuance of friendly intercourse with these 
people. 

12th. Thelanddrostofthe Albany district is also hereby 
empowered to make such further local regulations as shall 
appear to him to be necessary, to give full effect to my in- 
tentions in this regard ; and he will, in his capacity of com- 
mandant of the troops on the frontier, take such precau- 
tions as will be pointed out to him, through the military 
channel, to obviate any inconvenience which might arise 
from accidents, unforeseen at the present moment. 

And, that no person may plead ignorance hereof, this 
shall be published and affixed as usual. 

GOD SAVE THE KING ! 

Given under my hand and seal, at the Cape of Good Hope, 
. this 20th day of July, 1821. 

(Signed) R. S. Donkin. 

By his Excellency's command, 

(Signed) C. Bird, 

Secretary. 



No. 22, 

Cdomal Office, Nov. 15th„1821. 
SiH, 

His excellency the acting governor, having takev 
into consideration the great distress which the second seasoa 
of blight is likely to cause among the English settlers in the 
Albany district, has directed me to acquaint you, that he has 
come to the determination of affording them such further 
aid in the unfortunate circumstances in which they are 
placed, as may be in his power; but the calamity which has 
affected the crops on the frontier, having been neatly general 
throughout the colony, his excellency hnds it impractidiibie 



ANNEXURE 22. 229 

to lifford any assistance by the issue of either wheat or bar- 
ley, and he is necessitated to confine himself stricdy to that 
of rice in a very limited proportion. His excellency has, 
therefore, shipped op board the brig Alacrity, Findley, 
master, 1000 bags of rice, of 152lbs. Dutch weight, each, 
which rice is consigned to the commissariat department on 
the frontier, and is to be issued, gratis, to the settlers under 
your authority, (the charge being borne by the colonial go- 
vernment), subject to the following instructions : 

1. The landdrost of Albany is authorized and directed to 
appoint a committee of two heemraden, at least, to inquire 
into and report to him the means and necessities of the in- 
habitants of the several locations of the settlers from Eng- 
land. 

2. Grounded on this report, the landdrost is hereby em- 
powered to direct the commissary to issue to such heads of 
parties as shall require assistance for the individuals of their 
respective parties, at the rate of half a pound of rice per 
day for each individual, whether male or female, or children 
above the age of five years, but no more, upon any account ; 
for children under the age of five years a quarter of a pound, 
only, per diem, is allowed to be issued. 

3. The landdrost's order in writing to the assistant com- 
missary general will be that officer's discharge for the stores 
issued by him, but that only. 

4. The landdrost is not authorized to cause rice to be 
issued to any persons who are reported to him, by the com- 
mittee aforesaid, (and the committee shall make it a point 
of their inquiry,) not to employ themselves, or to have useful 
Occupation which shall be calculated to assist in their own 
support. Thus, all persons in public or private employ- 
ment, or who have sufficient employment in their own agri- 
cultural pursuits, are considered as proper persons to receive 
the assistance which his excellency hereby holds out to 
them ; but, as his excellency is of opinion that the aid of 
rations has, in many instances, caused inattention to pro- 
curing such food as, in this period of calamity, might have 
been essential for the maintenance of the party, and that 
even the present aid may tend to encourage a continuance 
of idleness, already too prevalent, his excellency is peremp- 
tory in his instruction, that the landdrosts do not afford aid 
to such as have not useful employment. 

" 5, Aged persons, sick or infirm women or children, do 

« 



^30 ANN^^xyRE 22. - 

Qot fall under the denominatiQii of those pointed out in, the 
last article. 

6. The issues are to commence on the first d^y of Jan- . 
nary next> 1822^ and will be continued for a period of three 
months. 

7- His excellency is perfectly aware of the insuJBSciency 
of the above issue to the entire subsistence of the individuals; 
but as meat is procurable by the industrious^ he is cpm- 
pelled to refer them to their own resources for the re- 
mainder. 

8. As many settlers are employed independent on their 
locations, and, in the dearth of bread-corn, may nevertheless 
require the assistance intended hereby to be afforded, the; 
landdrost is directed to classify such individuals into com^ 
panics of tens, so that the issues from the commissariat may 
be made as easy as possible, and that individuals shall have 
no reason to press upon the stores when opened for distri- 
bution. It is therefore also recommended, that issues be 
made for a certain number of days at each time, according 
as the assistant commissary and landdrost shall deem it ex- 
pedient to fix. 

9* It appearing from information which his excellency h^ 
received, that potatoes thrive well in the Albany district, 
and yield paiticularly fine crops, the landdrost is directed to 
call the attention of the settlers to this essential and speedy 
means of supplying the deficiency of bread-corn, and the 
landdrost is empowered hereby to offer piemiums to such 
as shall bring the greatest quantity to Bathurst, or Graham'« 
Town markets, within a given time, regulating, according to 
his judgment, the rate of premium which should be so given 
for a proportion exceeding a fixed quantity of produce. 

10. The landdrost is directed to make public die present 
instruction and letter^ in order that the settlers may know 
his excellency's sentiments fully, and be quite aware of the 
extent of aid which can be afforded them, and in order that 
no individual may deceive himself in the present circum* 
stances, and rely upon assistance which it is not and can* 
not be in the power of the colonial government to affoi-d 
bim. . 

IK The landdrost will make known, at the earliest pos* 
^ible period, to his excellency the governor the number of 
persons who will have to be provided for under Ibig instruc* 
^n>^ndhewill forward, likewise, for his excellency's inform 



BMit»>ii» copies of the proceedingsj of Iheemamitt^t, :to be 
formed according to the 6r8t article of these instructions. 
I have the honour to be. 
Sir, 
Your ol^edientseryant, 

(Signed) C..Bisn* 
' M(^ Jone^^ Itanddrwt of Albany, 



Colonial Office^ February 90Ui,4^9» 
Sir, 

I AM directed by his excellency. Lord C. H. So- 
merset, the governor^ to acquaint you, that he has taj^en 
measures to procure, and send down to the Albany district, . 
500 muids of the best Cape seed wheat, of the headless 
sort. This wheat is consigned to the qqmmjlisariat depart- 
ment, and is to be issued from thence^ on your orders j^ Jn 
issuing which, you will be pleased to be guided by the fol- 
lowing instructions. It is intended io give this seed wheat 
to heads of parties, or settlers from England, located in4e- 
pendently^ but to no others, in such proportions as they may 
respectively require, for the supply (by the produce) of what 
is requisite fortheconsumption of the persons located under 
each head of party, for one season, provided it shall be 
made clear to you^ that the head of party or independent 
settler has sufficient land prepared for the reception of the 
seed intended to be given to him. The quantity necessary for 
the consumption of an adult must not be computed at more 
than one and a half muid of wheat for the season, that quan- 
tity producing 405lbs. of bread. The produce must be cal- 
culated at the rate wheat usually gives in the Albany district, 
which it is believed will not be found to be less than twelve 
for one ; thus : a person having ten adults in his party, will 
require fifteen muids of wheat for a season, which will be 
one muid and a quarter of seed ; this, of course, does not 
contemplate a surplus to the growers ; but such persons as 
have the means of sowing more than what is here provided 



282 AKN£XUB£ 23. 

for^ must, of necessity/procure for themselves the seed they* 
require. 

Vou win perceive that the quantity of seed his excellency 
has thus provided, is ample for the supply of the number of 
settlers iii your district ; for supposing the wheat to yield ten 
for one only, then the produce would be 5000muid8, which,, 
at 270lbs. of bread per muid, will give l,350,000lbs. of 
bread, which will be a twelvemonth's consumption for up- 
wards of 3,300 persons, or for nearly 1,000 more than drew 
rations at the end of December last. 

In a former letter, I communicated to you, that his excel- 
lency had consigned to Mr. Hart, of Somerset's farm, 360 
bags of Bengal wheat, which he had authorized Mr. Hart 
to dispose of to such settlers as should require it, at the 
prime cost of twenty rix-dollars per bag of 150lbs. ; but his 
excellency having since received more positive assurance of 
the security of sowing Bengal wheat, his excellency has sent 
an additional quantity, with the view of permitting such set-' 
tiers as may choose to run the risk of sowing the same, to 
exchange the wheat which is to be given them, as above- 
mentioned, for Bengal wheat. 

.His excellency is well assured that you will entirely 
appreciate his motives and intentions, and that you will 
cause the same to be given effect to, in the spirit which has 
guided his excellency in the adoption of this benevolent 
measure. 

I have the honour to be. 
Sir, 
Your obedient servant, 

(Signed) C. Bird. 

JT. Rivers, Esq, Landdrost of Albany. 



( 233 ) 



CHAPTER XL 

CONDITION OF THE SETTLERS. 

From the foregoing chapter, it is evident, that those who 
administered the local government of the colony were not 
consulted on the prudence or wisdom of allowing so large 
a body of emigrants to sail for the Cape of Good Hope. 
Hie first public notification of such an intention arrived on 
the 19th rf ovember, 1819, and the ships left England in the 
following December and January. After the landing of the 
settlers in March, and the following months, it is proved by 
the documents, that every possible attention and despatch 
were shown in providing for the wants and for the early lo- 
cation of the parties, but not without a very heavy expense 
to the colony ; it was, however, out of the power of govern- 
ment effectually to administer to disappointed hopes ; but 
every practicable endeavour was used to allay the irritation 
of the moment. Unfortunately, the settlers embarked with 
unbounded expectations caused by injudicious and erroneous 
statements in pamphlets and in speeches, descriptive of a 
climate and of fertility known only in romance. ' In many 
of these publications, advice was given for the guidance of 
the settlers by mere theorists. To those who left Great 
Britain, without other funds except the deposit in the hands 
of government, it was easy to give counsel. Whether at 
home or abroad; their lot in life must, in all probability, 
continue to be humble ; and, in quitting England, they in- 
curred little loss, except that of time. Others, who might 
embark a capital from three hundred to five thousand pounds, 
received also, in these pamphlets, their share of instruction 
for colonial life ; when, in truth, the most beneficial and ra- 
tional advice, and that which every one really acquainted 
with the colony would have given, would have been to stay 
at home, and endeavour, if not to improve, at least to pre- 
serve from loss what they possessed. There may be an ex- 
ception with regard to those, if any such there are, who have 
unfortunately become so disgusted with their native country, 
aqjcl its system of government, as no longer to be able to 
endure fancied or real evils ; and, in such case, it is most 
prudent to retire. After the arrival of the settlers, and dur- 
ing the anxious endeavour of the colonial government to fix 



234 £MIG&ANTS. 

them in suitable locations, great dissatisfaction appeared. 
Two ships sent from Simon's Bay arrived at Saldanha Bay, 
the nearest port of debarkation for Clanwilliam, which was 
the spot destined for the parties from Ireland. One party 
became clamorous for a location at Saldanha Bay: but the go- 
vernment had there no disposable land ;* and the alternative 
which remained to those who refused Clanwilliam, was to 
continue their voyage to Algoa Bay, or to give up their 
claims^ Some gave up all right to location ; and for those 
who decided to proceed to Clanwilliam, waggons were pro« 
vided by the landdrosts of the intermediate drostdys. 

The distance from the bay to Clanwilliam is about eighty 
ipiles ; and at whatever place the settlers halted in their pro- 

Sess, the greatest kindness and generosity was displayed by 
e boers. Aware of the wants and sufferings to which the 
settlers were doomed, they could not refrain from expressing 
infinite astonishment, that men could be induced to leave 
their native home to settle in a country of whose qualities 
and powers they appeared to be wholly ignorant ; when,, 
with their own local knowledge, long experience, and una- 
bated toil, they could with difficulty subsist, and bring up a 
family, to undergo, in their turn, the same hard and unceas- 
ing labour. 

On the arrival of the settlers at Clanwilliam, the clamour 
of disappointment continued ; some of the faipilies, and 
many individuals„gave up their locations, and returned to 
England ; a few settled at Cape Town ; and the remainder, 
were finally added to the settlers in Albany. 

It is not easy to calculate the degree of advantage which, 
the settlers expected. The growth of prosperity at Clan- 
william appears to have far exceeded any thing disphyred. 
by Albany. On that which has been underrated, time and 
experience frequently affix a just value ; and in the history* 
of the locations, no estates have, as yet, attained a celebrity, 
in the Cape newspaper equal to those of Clanwilliam-t 

* Except the government post, which has since baeo sold.ljy th^^glK 
vernment, and purchased by one of the heads of parties. — Ep, 

f John Ingram oflfere for sale, by private contract, the whole of his. esr 
tates, adjoining the deputy drostdy of Clan Williara, consisting of about 
5,000 morgen of com and excellent pasture land,' in such lots as may be 
agreed on ; also, two pieces of land at the Kleine Vale^, one consisting of 
100 morgen, the ether about f66 moi^en ; and an erf, let to J. H. Nieu- 



^, ^he extefxt of land in Clanwilliam, otgopd qu^y^ npr- 

f^ears to have been inadequate to the establisbment pf the 
rish emigrants. The expectation and understanding were, 
that the parties frpm England, Scotland, and Ireland, hav- 
ing different manners, customs, and sometimes knguagi?, 
should be placed in distinct locations. The colonial goveror 
ment may be considered injudicious in attempting to locate 
the Irish vi^here the allotment of fruitful corn land was. too 
limited for the whole party. It gave a colour for complainjt ; 
although a due proportion of land in Albany was offered,, and, 
was accepted by;»any. Some have obstinately refused a lo^ca^ 
tion either there, or in Albany; and fixing their standard on the 

wouldt, at the Taa^^bosch Kraal, at the yearly rent of twenty muids of 
wheat, payable on the first of January, every year, for ever. 

The whole of the above lands, if not disposed of by tlie eleventh of Jane 
next, will be positively sold by public auction, at Patryze Valev, on that 
and the following day, (11th and ISth June ;) when a sale will be hdd, 
without reserve, of all his farming stock aud implements, consisting of 
about 100 draught oxen, European (Vaderlanq) cows, horses, sheep, 
goats, ploughs, waggohs,&c.&c. ; alsO) household furniture, carpenters' anc^ 
'smiths* to<Ms, and a great variety of merchandize, too numerous to insert. ' 

Terms : — One third of the purchase-money of the estates to be paid, in 
cash, within one month; the two-thirds may remain at interest for on^ 
and two years, on mortgage of the estate. 

\* Good farmer's fere, — lots of wine, find a fiddle. 

To BE LET, in a new town, proposed to be built, immediately opposite 
tlie drostdy of Clan William, several lots for building, containing ■ two 
acres of highly fertile garden land. The subscriber will give to each per-' 
son, to build a house, agreeaVile to a plan in front, laid down by him, 100 
rix'doUars worth of timber, and not to commence rent for three years j or 
at such other time as may be agreed on. There is a constant supply of 
excellent water all tlie year, commanding every lot, and ofiers to inaastri- 
ous tradesmen the greatest prospect of success. 

A fair is proposed to be held on the lands, every first of September, when 
the proprietor will give the following premiums : 

To tne person wbo shall sell the greatest number of oxen, not being les» 
than 50, nx-dollars SO. 

To the person who shall sell the next greater number of oxen, not being 
less than 40, rix-^iollars 15. 

To the person who shall sell the next greater number of oxen, not being 
less than 30, rix-doUars 10. 

Similar premiums for cows. 

Similar premiums for sheep and goats, having sold, first class prenoium, 
400, and upwards ; second, SOO, and upwards : third, 200,and upwards. 

Similar premiums for Spanish sheep. First class, 200; second, 150; 
tiiird, 100. 

Similar premiums for horses, having sold twenty. 

October 4th, 1821. Apply to John Ingram, Bloomfield Lodge. 

%•• Further particfulars will be expressed in a future advertisement. 



236 EMIGRANTS. 

insufficiency of Clanwiniam> harnssed and annoyed the coto* 
nial government with unceasing and unreasonable demands. - 

Nor are affairs in a more pleasing or composed state in 
the district of Albany. Attempts have been made to pro- 
cure public meetings of the people at Graham's Town« for 
the purpose of petitioning the king and parliament for a re- 
dress of grievances. 

In order to check such an anomaly in South Africa, the 
colonial government has thought it necessary to issue a pro- 
clamation declaring such meetings to be ille^l, and those 
vfho give attendance to be guilty of a high misdemeanour.* 

• PROCLAMATION. 
By his Excellency the Right Honourable General Lord Charles Henry 
Somerset, one of his Majesty's most honourable Priyy Council, Colonel 
of his Majesty's First West bidia Regiment, Governor and Commander 
in Chief of his Majesty's Castle, Town, and Settlement of the Cape of 
Gk>od Hope, in South Africa, and of the Territories and Dependencies 
thereof, and Ordinary and Vice Admiral of the same, Commander of 
the Forces, &c. &c. 

Whereas it has been represented to me, that certain individaab 
(probably ignorant of the laws of the colony) have proposed to convene 
public meetings, for the discussion of public measures, and political sub- 
jects, contrary to the law and usage of this place; I deem it, therefore, 
necessary thus, publicly, to notify, that all meetings, so convened, are 
contrary to law, and that every person who attempts to convene any meet- 
ing or assemblage of such nature, without my sanction and authority, or 
the Authority of the chief local magistrate, in distant districts, where the 
ojt^ect of such meeting may be of so urgent a nature, that mv authority and 
sanptipn cannot be obtained, or any pei-son attending such unsanctioned 
meetings, is guilty of a high misdemeanour, and is severely punishable for 
such offence ; and I, moreover, hereby warn all persons who may, not- 
withstanding, be induced to convene, or attend, any such public meet- 
ing, that the local authorities have been authorized and required to dis- 
perse the same, and after the promul^tion of these presents, to arrest and 
bring to justice, all and every individual who shall infringe the ancient 
laws and usages of the colony entrusted to my care. 

And, whereas certain ignorant, malevolent, or designing persons have 
thought proper to assert and insinuate that the governor of this Colony is 
not duly made acquainted with the petitions or complaints preferred by 
those who feel themselves a^rieved, or who have occasion to address me, 
as his Majesty's representative, on their respective cases and interests, I 
do, therefore, deem it advisable to acquaint all persons, that in no instance 
is any petition, memorial, or letter, addressed to this government, which 
does not come under my immediate cognizance, or in which the order is 
not ^ven under my own hand ; and that, in most instances, the concrary 
supposition is alone adduced, to cover language and expressions which 
could not be tolerated, if addressed immediately to his Majesty's Repre- 
sentative, without offence to the laws in this case provided. 

And I. do hereby further make known, that, participating most anxiously 
and sincerely, in the distress which has been unavoidably felt, ^m the 



EMIGRANTS. 237 

Captdin Synot, a head of one of the Irish parties, has 
heen appointed landdrost of Clanwilliam ; and the colo- 
nial law, by which they are governed, (of which they were 
informed in England,) is administered by an individual of 
their own nation. 

Having explained the circumstances attending the settled 
ment of Clanwilliam, it is now necessary to follow the 
larger number of the settlers. It was an object of desire with 
some, to be fixed on the banks of the Knysna. They ap- 
peared to remain under the delusion of supposing all South 
Africa to be at their will, and that, like Shem, Ham, and 
Japhet, they were to sally from the ark, and pitch their 
lents on the land of their choice. The country on the 
Knysna has long been in the possession of an English gen- 
tleman, who, retiring from his profession, accjuired that 
grant of land, then neglected and unoccupied. The 
stranger, whether travelling on duty or for amusement, here 
finds a kind welcome, under the hospitable roof of a bene- 
volent and well-educated man ; and is introduced to the 
picturesque scenery of this interesting property, with its 
park-like grounds, its mighty woods, and neighbouring 
rivers and bays. The courteous owner of this beautiful 
domain has a family of nine children, amongst whom, by the 
colonial law, all (except the woods, which are the property 
of government) will eventually be equally divided; formiog 
an establishment for nine families, wisely instructed in such 
arts, and in such knowledge, as will be most useful in their 
-fiiture progress through life. 

total failure of two successive harvests, and various other causes, by such 
<of my countrymen as sought an asylum in this SetUenient,in the year 1820, 
I shall unceasingly court every opportunity of redressing their real griev- 
ances, and of promoting their general and individual wefiare ; but that it 
18,-at the same time, my finn determination, to put down, by all the means 
with which the law has entrusted me, such attempts as kave been recently 
made to disturb the public peace, whether by inflammatory or libellous 
writings, or by any other measures, of which I give those concerned this 
public warning, that no one may have cause to plead ignorance of the laws 
of the colony, when called to account for transgressions so materially and 
injuriously affecting the public peace. 

GOD SAVE THE KING ! 

Given under my hand and seal, at the Cape of Good Hope, this 84th 
day of May, 182«. 

(Signed) C. H. SOMERSET. 
By command of his Excellency the Governor, 

(Signed) C. BIED, SecaxTART. 



238 BMraRAKTSi 

. Bdfig landed in Algoa Bay, die generality of settlers had 
to proceed above one hundred mties to their locations in 
Albany, ki waggons hired at the colonial expense. They^ 
rec^nrdd <one«-third of Ibeir deposit-money, according to the 
agreement in England, which was, one-third to be paid on 
lanriJHg: oiie*tfaM on the location; and the remaining 
third '^nee months after. As^ no market existed at Algoa 
Bay, the commissariat of the frontier army was ordered to 
provide rations for the new ccnners. However objection- 
able this system of rations has since proved itself to be, at 
Hmt moment there were no other means of supply. Ar- 
rived at Graham's Town, the head of a party was peimitted 
to draw from the commissariat one month's rations for the 
whole of his people ; which supply, as well as any future^ 
w^e to be placed to the account of the second and third 
instalments of the deposit. They thus entered upon a sys- 
tem; Whichy however convenient, proved to be a great dis^ 
csouragement to industry, by enabling the idle to acquire 
food without labour. 

If, instead of this arrang^nent, the second instalment of 
oiie-»third, due upon their locations, and the last,, three 
months after^; had been paid according to agreement, and a 
d6p6t of flour and provisions had been opened for sale by the 
ooloniat government, the earnings of labour, with the depo- 
ffilsv would have enabled them to purchase necessaries, and 
would have compelled the poorer class to work, that they 
mi^t have wherewithal to buy food. It was surely in 
vain to expect men to work whilst subsist^ice was deli- 
vered out to others who were idle ; and it had the effect of 
causing the few, who were industrious, to insist upon exor- 
bitant wages. By the continuance of the system of rations 
[during the last two years, the whole deposit-money is ex- 
pended) and an arrear incurred, which it is not in the power 
of the beads of the parties to diacharge. 

The rations have now ceased ; but one half pound of 
rice is daily given to each person on the location ; and seed 
.com has been delivered gratis, sufficient to produce, under 
a good harvest, one and a half pound of bread per day^ 
during the next year, for every individual in the family of 
a settler, having land prepared to receive it. 

An ample harvest would materially diminish both the 
present discontent and the pressure on the colony. T;wo 
unfEivottrable seasons h^ve successively prevailed ; a third 



now advances^ doubtful and untried. — ''Paul plwitfeth* 
ApoUos wateretb^ but God giveth the increi^se." To relate 
tb^ Mrretcbedness of many families in Albany^ their menial 
Bf:rvice»f even th^t of females^ unused to such duties, tend^ 
ing. their own cattle^ bare-footed and half-clothed ;, to 
recount the individual distress experienced at this moment, 
together with the sufferings of the time which is gope by, 
and the slender bopes anticipated from that which is to 
oonie, would be as painful as it is useless. The inhabitants 
of the Cape colony have little except annual income ; yet 
tbey hav^ cheerfully assisted, on various occasions, in the 
I'elief of the strangers ; and a fund, called the Settlers' Funct, 
has been formed by the. subscription of individuals, and 

S^FOpriated. to those cases which specially call for relief, 
ut what avails a collection, which can never rise to any 
considerable amount^ or be regarded as a permanent re- 
source against the accumulation of distress, which now 
aipf ars to impend over the emigrants to the Cape of Goo4 
ope ? 

. The numbers originally located in Albany consisted of 

1610 men, including 57 directors; of 659 women; apd 

1467 children ; in all, 3736 ; exclusive of detached parties. 

There appear to be now remainii^ on the location list-t- 



Men. 


Women. 


Children. 


Total. 


552 


403 


935 


1890 


Absent; but within the 








drostdy 451 


171 


365 


987 


1003 


574 


1300 


2877 


MiUes. 


Females. 






Births on the location . 88 


86 




174 


Deaths 22 


7 


48 


77 



There have been twenty-six marriages on the location. 
The births, deaths, and marriages of those who are absent 
are not included, nor at present ascertained. 

The total number of acres of land ploughed and culti- 
vated amounts to 1454; and the greatest number of settlers 
who have drawn rations at any one time, is 93 1 men, 569 
women, and 946 children ; the expense of their rations, in 
the year 1820, amounted, after deducting the second and 
third ibstsdments of the deposit, to 57>O0O rds. ; and that of 
1821, to 195,000 rds. 



240 |:MiGRAKTd. 

. The krge proportion of men absent from the locations; 
y/iU account for the small quantity of land in agticulture. 

Tradesmen and mechanics have naturally resorted to the 
i^illages for employment. The majority of absentees are in 
Graham's Town, where the rate of wages, equal to that of 
the Cape, enables them to gain a livelihood, and purchase 
ibod for their families. It is difficult to see how otherwise 
the colonial government could have provided the entire 
means of their supply. The two successive failures of the 
corn crops, and of potatoes, haxe produced gre^t distress; 
and the generality of settlers have not eaten bread for 
many months ; Indian corn, or maize,''*' is the only grain 
that gives encouragement to the grower. 

The plan adopted by the home government, of placing 
mechanics, labourers, and paupers on locations, in order to 
become proprietors of land, has failed. It is acknow- 
ledged, that without regular gradations, society cannot be 
maintained ; and it would have been more beneficial to all 
the parties, to have allowed such persons at once to fall 
into that rank, in which they were naturally included by 
birth, habitSy and professions. 

Government originally stated its determination to allow 
those to go to the Cape, who, possessing the means, 
ei^aged to carry out, at the least, ten able-bodied men. 
The head of the party was considered to be the master of 
the others, who could only be ranked as servants, looking to 
him for support. There are not alcove ten or twelve so 
constituted ; the remainder consisted of mechanics and 
others, each paying his own deposit; and of paupers, 
who have had their deposit paid by their parishes. The 
parishes, having a redundancy of population, were allowed 
to\select "an intelligent individual to take.charge of a not 
less number th^n ten families ; and to such an individual 
government would grant land in the proportion of 100 
acres to each family." It must have been in contempla- 
tion, that the individual should himself be independent^ 
and in a situation to employ the paupers under his care ; 
but in many cases the individual proves to be a pauper 
himself. The parishes, in order to get rid of ten families, 

* It ought to have been the primary object of attention ; and next to 
it, holcus Cafrorum, with other grain suited to the soil ' and climate ; 
instead of wheat. — Ed. 



EMIORAKTS. 241 

:adviince one Ki^ndred pounds, wbith, wberi returned to 
tfaem aA%!r landing, is to be their capital, for cultivating one 
•thousand acres of African land. This is, in fact, only 
changing the poor-house from the niother-country to the 
colony. The natural course of events, which acts forcibly 
*on all human affairs, frequently corrects the blunders <rf" 
man and of goveitiments ; and, it is to be hoped, may in 
the fend establish the prosperity of the hitherto unfortu*- 
nate emigrants; but as Hercules assists that waggoner 
only who puts his own shoulders to the wheel, individual 
"industry must l^nd its aid. 

~ There are tliro measures which appear to present a 
chance of giviqg some smalt aid to the settlers in Albai^. 
The one is> the repaying' to them the amdunt of the sec<Hid 
-and third instalments of the deposit; and the otiier; the 
granting an immediate titie to tlie land of their location, 
with power to alienate. . » 

It is surely uniiecessary to urge an abandonment^ of M 
debt due to the commissary for the .rations, beyond the 
sum of the- second and thini instalments, which he with*- 
held. Part of the settlers have had a retam of: the wiiole 
of their deposit, and received rations also; and it is a 
^serious mortification to many, reflecting on their own pen* 
tiyless situation, to compare it writh that of a neighbour, 
mt more industrious and active than hitnsetf, and perha{>t 
4ess deserving, who has received his whole deposit,, and is 
not charged at all for his rations. 

' With respect to the other measure, it must be confessed, 
that whatever the strict letter of the original cpmpaiet 
inigbt have been, it has, in the issue, turned out most un*- 
favourably to the settlers; and that the goveiinment is 
liound to grant every possible indulgence, and to act gener 
¥ously. The grant to each locator, of an immediate title 
to his land, liberated from all ^uit-rent, now and for ever, 
would give a chance of relief and sUccour, fey ^borrowing 
money on the freehold, or by a sale ; and who oan deny 
the ckiiM of British subjects, leaving hbme^ so misled, to 
receive the immediate ownership of that, for whidi tfaej 
have sd greatly suflTered f . ; -, 

If^he result of tiii« qieasufowas to be a cause, as itprot 
bably would, of the locations merging, by purchase and sale, 
into fewer hands, forming larg® farms, great benefit would 
arise, and part of the evil would be remedied; The settler 

R 



242 EMIGRANTS. 

would have the means of depurture from llie land, leaving 
larger proprietors, who, instructed by the past, would soon 
diacover that Albany is calculated for the growth^ rearing, 
and feedmg sheep and cattle; and that the plough can 
never be the object in chief, and must remain merely 
auxiliary. When the dispersion of a dense population 
takes place, which, either observation of the nature- and 
8m1 of the country will teach, or starvation will enforce ; this 
d«acription of more considerable farmer may, with indus- 
try, pass his Ufe in the probable enjoyment of a sufliciency 
of food ; but to expect agriculturdl settlers to thrive, who 
are located six hundred miles from the market of the cajpi- 
Ui, from which they are shut out by mountains and cusr 
taace ;* to expect men to become wealthy, who are placed 
on a coast one hundred miles distant from the sea, present- 
ing no harbours, and having bays aa tempestuous as the 
ocean itself, rivers unfit for navigation, a frequent drought 
of five or six inondis, and an insufficiency of water for the 
greater part of the year, must be the vainest of all humtfn 
Eopesy and the greatest of all human delusions ! 

Before these remarks can be issued from the press, the 
prospect of the colony, as to its next harvest, wiU be de- 
cided. Excessive rains, hurricanes, and torrents, have« 
within the month of July, desolated the whole colony on 
the Cape side of the mountains, overwhelming houses and 
land; and on the other side, a drought of four monthsiy 
attended by a frost, which, has destroyed all garden vege^ 
taUes, still existed on the 23d of July, in Gra£un's Town, 
tiw capital of Albany ; all of which are equally destructive 
of the crops sown in May and June, and present an impose 
■ibiiity of making further addition to the seed already in 
Ae ground. If the harvest be deficient, it is to be expected 
tlat the settlers will abandon their lands in a body. Mean 
time constant applications are made to the colonial govemr 
ment for permission to return to England ; and to the local 
authorities, for leave to quit the locations in search of em- 
ployment at Cape Town. The heavy calamities of the 
present season press with irresistiUe force, from the gene- 
ral state of affairs at the Cape ; and Great Britain must 
inevitably be called upon, for a temporary pecuniaiy asiiist- 

* 1^ is a journey of above one month, in an ox wag^n. * 



EMIGRAKT3. 243 

ance, to remedy the present distress, too heavy for colonial 
resources. 

If it be in the dispensation of Providence^ to deny, for 
the third time, the blessing of an abundant harvest, no ex- 
pectation can be 'rationall^r fbrmed, Ather than that of 
extreme and general distress throughout the whole colony 
of the Cape of Good Hope. 



Rd 



APPENDIX A 



PROCLAMATION. 

By His Excellency, Dupre Earl of Caledon, Viscount Alex- 
ander, and Baron Caledon of Caledon, in that part of the 
United Kingdom of Great Britain and Ireland called Ireland, 
and one of the Representative Peers of that Kingdom, Gover- 
nor and Commander in Chief of His Majesty's Castle, Town, 
and Settlement of the Cape of Good Hope in South Africa, 
and of the Territories and Dependencies thereof, and Ordinary 
and Vice Admiral of the same. 

Whereas it appears, that the provisions made from time to time, 
for securing the fulfilling of contracts of hire between the inha- 
bitants of this colony and Hottentots, are not sufficient for the 
intended purpose ; and, whereas, for the benefit of this colony 
at large, it. is necessary, that not only the individuals of the Hot- 
tentot nation, in the same manner as the other inhabitants, should 
be subject to proper regularity in regard to their places of abode 
and occupations, but also, that they should find an encourage- 
ment for preferring entering the service of the inhabitants, to 
leading an indolent life, by which they are rendered useless both 
for themselves and the community at large — 

I therefore have thought proper to establish and ordain, and by 
these presents do establish and ordain : 

1. That all and every Hottentot in the different districts of 
this colony, in the same manner as all inhabitants, shall have a 
fixed place of abode in some one of the districts, and that an entry 
of the same shall be made in the office of the fiscal, or the re- 
spective landdrosts, ^d that they shall not be allowed to change 
their place of abode from one district to another, without a cer- 
tificate from the fiscal 91 landdrost of the district from which 
they remove; which certificate they shall be bound to exhibit 
to tbe fecal or landdrost of the district where they intend to set- 
tle, for the purpose of being entered in their office ; while every 
Hottentot, neglecting this order, shall be considered as a vaga- 
bond, and be treaNNJl accordingly.. 



i. Tbtt ewy inbAbituit i^hb eiigoget a UdttenM in bh irr- 
vice for' the space of a month, or any^ longer period^ shaM b»» 
bound i^ith the same to make his appearance before, the fiscal, or> 
the landdrosty or the fidd-cornet of bis dbtrkt, and theMi enteri 
hilo, and sign, in tiiph^ a proper written contract, containingi 

tf) The name of the penon irho takaa into servke. . . . 

6) The name of the person who entdis into serrioe. 

c> Thcf terms of the contract. 

d) The amouDt of the wages. 

f) The time of payment. And 

f) Suck furtlier conditions as the persona cobteacttng abalL 
agree upon. . ' 

Of which contract) after having been duly signed ta /ri^d, each 
of the parties shall be furnished with one counterpart, and ibet 
tbird counterpart is to remain in the oflfeeof the fiscal^ ianddroU^ 
or field-comet; while, £Drthe sake of facilitating tbe ei^efiMtion; 
of this m^ftsure as mncb as possible, the fiscal and lespective 
Uinddrosts shall, upon appiydng for tbefsaiM, be futnisbed on tbe^ 
paift of government, fro/tt, with the necessary printed copie« foi; 
tbvir own offices, and those of the ^Id^omets under them... t 
• Tbis being neglected, no contmct of hire aigainat a H<>tV^tQA 
shall stand good; and in a case .where it is proved that the Hot-» 
teatot was ignorant of these present regulations, upon (be exijtt- 
ence of a hire contract being satisfactorily proved, the engagement 
shall stand good in favour of the Hottentot, whoshalV be. entitled 
to all the advantages secured by this proclamation, to Hottent^ 
entering into contracts before the. fiscal, landdrost, or field-cornet. , 

3. In such cases, where a Hottentot entering any service, witfa^ 
the consent of the person whose service be engages in, includes 
bis wife and children, or any t)f them, in the contract, th^e sama 
shall be supplied by such person whose service the said Hottentot 
enters, with the necessaries of life, (lodging included,) in the 
same manner as the person who made the contract, provided they* 
have not made a personal engagement for themselves ; as in tbi^ 
ca$e a separate agreement must be made with themy Jind dul)| 
signed. 

4. That the agreement expiring on the kst day of the Um^ 
stipulated iii the contract^ the servant.shall.not be obliged to con-^ 
tinue his services any longer, but be at liberty, with his wife and 
children, (if they are with him,) and with all his cattle and ptbei; 
property of whatever nature it may be,%o leave the master, aitc| 
enter another service, or act id any other manner the laws of this 
colony admit of, without being iiindered by the master or any 
•neon his part, on pain of .forfi*iting one hundred rds*, to be. 
divided in three shares, one-third for the treasury of the district, 
one- third for the magistrate who prosecutes, and the remiaining 
third ibr the Hoftentot thus molested.- , 



9)8 Appskj>xx.A, 



Ik The BMler AAV be oUiged to :pey thl^irii^e^ ofiMd «»r, 
•Iridily en the periodt mentioned m the agreemeDt ; end that m 
tttse of neglect, npbn tk» Hotteatot'* lodging a QOinf>lain|, the 
cese sbmil be tried by e committee of the >oouit of jjtiitice, m the 
presence of the fitcai, if in the dUtrkt o(. the town, ^4 by the 
board of the respectiTe landdro«t» and beemradeo, if m one of 
the country districta, which board, u|>en a snmniary jnveitigation, 
shall administer justice; and in case ibe Complinat .i$ weU 
founded, the master not only shall be obH^d to pay the setYant 
his wages, but shall, over and above, forfeit all claimlo the further 
lutfflm^it of the cenHact; as likewise all claim oe aKx^ouqft of 
such necessaries as he may have provided. 
' 6. Thet before the said cemhii^N?e of the court of justaoe, and 
die^ board of lenddrost and heemraden, io the jsame .miM^er, 
shall be ttied all cases in which ^a H<^tentot lodges a complaiiie 
^;afnst 4iis mttster for ill-treatinieBt, wh«^ if u]^ ;e: mammary inn 
testfgation the foct be found true, ^fae Hateolot shall be di»-< 
charged Irom his service^ and the master be fined in a fine not 
exceeding fifty rd^ and not kss iban.ten rds« according 4o the 
nature of the ill-tpeatment ; «)d the Hottentot, if io«fid to ha«e 
vrged his complaiiit wantonly or 'malignantly, shall receive such 
correction as the nature of the case shall require. 

(This article is not to extend to ill-treatment, accompanied by 
mtrtilation lor injury done to any part or limb of the body, 1^ 
which the complainant may be deprived of the use thereof for 
sometime, or forever; but in these cases, the fiscal or the land* 
drOst shall prosecute according to the common law in use in this 
eolony.) 

7. That tn -case d>e Hottentot, at his own request, shall have 
been snpjplied by the master during the term of contract, with 
dothing or other necessaries, in deduction of the aiapunt of bis 
trages, the nature and value of such supplies shall, at. the time oS 
supply, be stsjted to the ward^-master or field-comet, who» upoD 
the Hottentot's affirming the same, shaU make a memorandum 
Aereof^ in -otder to be had recourse to in case of any dispute 
about the payment of the wages ; but in case of the supplies not 
being stated at the tikne and registered in this way, no alkiwance 
for the same shall be made. This same rule is to be observedy 
when any claim arises between a master and Hottentot on any 
other account, during Ihe term of the contract, by which the 
if ottentot becotnes the debtor of the master. . . 

8. That no wine* brandy, or other q>irituQ«s liquors, shall be 
considered as necessaries ^ life, and consequently no allowance 
^k\\ be made for the supply th^«of to a Hottentot by his master 
cFuring tl^ period of bis employment. , 

< 9. That in cese it is jfiraad) at/ the otptmtioii of the term of 
^contract, that the Hottentot hits heen ^nqpplied with mere than 



A^pimi^iK A. 347 

wiiai tfce anifoimt bfthe irages he ogtistfrf for^i^met 40y tlie ^nailer 
shall not have anyclaim, on that kieebotitt'oti the HottentdtVor 
hh faimf/s further services, btit shall notwkhstaiMling be obKgedl 
to let him or th^m tieparf, witbdat any lurays detaining hna or 
them, and to ^osecute the Hottentot before a committee of the 
dourt of justice, In the presence of the fiscal/or the board of the 
rtopective landdi-osts and heemraden, ivho, tipon ' ^tiding the 
daim to be founded, shall condemn the Hottentot tothe^piiymefit 
thereof, leaving to the plaintiff to carry his condemnation into 
efiect, ofiUnario inodo, 

- )0. That the master shall in no case beallowed'to detain, et 
prevent from departing, the Wife or children of any 'Hottent«rt 
tfaitt hfn been in his service, after the expiration of the t^rm of 
^owtract of their husband or father^ under pretence of a «ecurhy 
lor what he may be indebted to hhn ; not eVen if he had ai^ 
ddih on the wife or chrldren themselves, for money orany ether 
advances ; but he shall be obKgfed td have recourse to the mode 
€>f proceedffig prescribed in the last preceding article, and not be 
allowed by his own authority to attempt the repayment of him- 
self, by the personal services of these natives. 

11. That likewise in case of the Hottentot^j dying, through 
which the effect of his personal contract of hire ceases, tlie wiAs 
and children shall be at liberty to depart; (if not personally en- 
gaged,) and to take with them all their property, of whatever 
nature it be; and all disputes arisitig on this head shall cotae 
under the summary cognisance and decision of the said i^immit- 
tees of the court of justice or the heemraden. 

12. That the whole of the property which a Hottentot may 
l^ve behind on his decease, shall be given up by the master of 
those, who, according to the laws and customs of this colony, 
shall be entitled to the same. 

' 13, That the Hottentots engaged hi the manner prescribed in 
the 2d article, shall be bound diligently and honestly to serve their 
masters during the period of their contract, and to behave with 
proper iobmission; on penalty, that in case any founded com- 
plaints about their non-complying with' their conthtCt be lodged 
against them^ to the fiscal or respective landdrosts, they shall, by 
order of the same, be subjected to domestic correction ; or if their 
misconduct deserves h severer punishment, they nhall, upon a 
summary investigation of the cato, by a committee of the court 
of justice or heemraden, be punished w4th confiscation of the 
wages due to them, or part of the sdine^ 6r a temporary confine- 
ment, or a more sevel« domestic corporal punishment, according 
to the exigency of the case^ independent of their being bound to 
serve out their full time according to agreement. 

14. That this however shall- not extend to cases where any 
public criminal offence has been committed by the HottentptSy 



24t8: A*P£Ki>i3t A;. 

who.nre ill such cfi9es to ()e prosecuted by the fiaq^l or landdrost,. 
of the district, in thfs usual manner* 

15, That no Hottentot shall be taken into service without being; 
provided with a certi5cate, either of his master, or the fiscal,^ 
landdrost, or field-cornet, under whose district he did serve, con-; 
taining a declaration, that he; has duly -served out his time, or in^ 
case he has not served out his time, that he left the service of his. 
former master with proper consent, or upon due authority ; while» 
the Hottentots that have been in the military service, must bcj 
provided with a legal discharge, before any one whosoever shall , 
be allowed to take them into his service'; and any oi^. taking 
into his service a Hottentot not provided with such certificate or 
discharge,shall forfeit one hundred rds., one-third for the informer^, 
one-third for the public treasury, and one-third for the magistr^e> 
who carries on the prosecution^ 

16. Lastly, the Hottentots going about the country, either on^ 
the service of their masters; or on other lawful bi|S)ness, must be^ 
provided with a pass, either of tb^ir qommanding officer, if in th^^ 
military service, 01; the master under whom they serve, or the ; 
magistrate of the district, on penalty of being considered and 
treated as vagabonds ; and. moreover, the tenor of the proclaltia- 
tion of the 17th of October, 1757, respecting soldiers, sailors,, 
servants, &c, as well as military deserters, is to be strictly attended, 
to, in regard to Hottentots going about the country ; so that every 
one is to ask a pass from any Hottentot that happens to come to 
bis place, and in case of his not being provided with it,. to deliver, 
him up to the field-cornet, landdrost, or fiscal, in order to act as,- 
after, due inquiry, they shall feel incumbent to do. 

And in order tr) give the fullest publicity to this my intention' 
and command^ besides the usual means of making the same known, 
I do hereby direct each and every ward master of this town, to. 
i^>point and assemble one Hottentot from every hquse in the re- 
spective wards, and each field-cornet in the several country divi*, 
sions, one Hottentot frona each house in such division, as early 
as possible after their receipt of this proclamation, and to explain 
or causae to be explained to such Hottentots so assembled, the 
full meaning thereof; and I do further direct the wardmasters. 
and field-rcornets aforesaid, to report to hb Majesty's fiscal, and , 
to their respective landdrosts, their having comj^ied with tbis^in-; 
struction, as they shall answer the contrary at their peril. 

Given under my hand and seal, at the Cape of Good Hope,, 
this 1st day of November, I8O9. , 

(Signed) Caledon. 

By his Excellency's command, 

(Signed) H. Alexakder, Seer. 



APPENDIX B. 

. Crown Trial, or Mode of Proceeding in Criminal Cases, 
at the Cape of Good Hope. 

The Chief Justice and Meinbers of the Court, at the 
C^pe of Good Hope^ and its Dependencies, make 
known : 

Th^t w^iereas the introiductioo of the commissipD of circuity 
established by proclamatidn of th« r6th of May, 1811, and seve- 
ral benevolent regulations made since that period, from time iQ 
time, by his Majesty's governnient, in regard to the mode of pro- 
secuting crimes and misdemeanours in this colony, has led to irre- 
gularities in the method of proceeding, and in some respects even 
to uncertainty, respecting the; competency and duties of the seve* 
ral courts and prosecutors : 

We, for promoting the ends of justice, and producing unifor* 
mity and distinctness in the premises, have, with the approbation 
of his Excellency Lord Charles Henry Somerset, governor 
and commander in chief of this colony^ established the following 
Mode of Proceeding in Cnrnindl Cases, containing the spirit of the 
existing laxvs, proclamations, and ordinances, under such modifi- 
cations as may tend to combine the benevolent principles of the 
present government with the mode of proceeding in the prosecu- 
tion for crimes and misdemeanours, heretofore in use in thiscolony, 
in as far as the nature of the case will admit. 

And we do hereby order ^nd direct- all and every pereonami 
persons concerned, to conform to this mode of proceeding, and 
to observe, and cause to be observed, the regulations therein pre- 
scribed. 



250 Appendix B. 

Cr(Mi^ Trial, or Mode of ProceeJ&ng in Crimimd 
Cases, at the Cape of Good Hope. 

SECTION FIRST. 

(Jf competent Courts and public Prosecutors. 

Of competent courts Art. 1. — All crimeB and misdemeanotirs eomMrtted 
of first instuioe. in this eolony 4ive, in the fij^t instance, subject to tbe 

jurisdiction, either of the board of landdrost and becm- 
raden of the district, in which the crime or misdemean* 
our has been committed, or to that of the court of josf- 
tice, or the commissioners therefrom, attending in €ape 
Town, or at the veveral drostdies, on the annual commif «» 
sion of circuit. 

Crimes committed in ART. 2.— All crimes and misdemeanours committed 
thecomitrjf dUtricts,not ill any of the di^trict^, Which are not subject to a^ th6re 
•abject to a mart «ev«re Severe pttQiskmbnC, t^n that jof public scourgii^^ trans- 
P"™^"?* <l'«" P "*^ portation, banishment, or confinement for a limited 
S^^53Si!S!^^ period, shall be brought before the boards of the land- 
pfottcnted before tbe drost and heemraden of the district in which the crime 
(•nddfott and luwiia* bas been comaiittied t which boards, for passing a defini- 
den. tive sentence, shall consist of not less than three mem- 

biers, of whom the landdrost shall be one. . 

Those sobject to m Art. S. — All criminal cases, the cognizance of which 

higher degree of paoish- is not especially entrusted to the board of the landtfrost 

roeot, to UprowcateclBndiieanmdeiiysliaH be tried before the coMmii^n of 

of dl^it '^"*"****'" circuit, with this exception only, that if, after a fuU hi- 

Exception. vestigation, it is evident that the crime committed is 

subject to capital punishment, the public prosecutor 

•hall bring -suob case before the ftiU ^emtrttui jvM^e, 

and there prosecute the same to final judgment 

Crimes committed in Art. 4» — All crimes and misdemeanours committed 
Cape Town, not subject in Cape Town and its jurisdiction, not subject to a more 
toamoreserereptinisb-^^vere punishment than that of public scourging, trans- 
w'^mr^J^'^-'^^^^^w^ion, confinement, or banishment for a limited 

lng» temporary trans- *^ .. ,••./. • ^ r i ui* 

portotion. Ice. to be P^"^« ^^^'U ^^ ^^ ''A^^^ ^< ^>^*^ <^^'^T<^4^'>l'^^ ^'P^^"^ 
prosecuted before fhe punishment, (transportation, confinement at Robben 
two commissioners of Island, or elsewhere, and banisliment included,) be sub- 
tbe court, MinidiiHi(<^ c<^nicance of fhe two oommissl<yneft from 

Ae^jdjspatch of dailj.,,^^^^^^^^^ j^j.^^^^^^^^^ ^^j,^ f^^^^^ di«patch of 

business. 

Those subject to a Art. 5. — All crimes, in whatever part of the colony 
more severe punishment committed, which are subject to a more severe punish- 
to be Investigated be- ^^j^^ j^j^„ scourging and transportation, banishment, or 



c p BfiB W fitat for a limitecl period, b«t iietftiili^tt0«f«««spiif^tbe4«l4«Mk- 
QtyJUj pfUMshoafnit, tnd the cognisance -whereof i» the "^"f"?"* •"^ ''"^ 
country diatricts.canpot be deferred until the circuit*'^ ^^ ^^ "*" 
cooamenceSy are (o be brought for investigation, by the ^^ 
respective public prosecutors, before one of the com- 
missioners daily in attendance, as heretofore; nnd the 
investigation being closed, shall be prosecuted before ^he. 
full court of juestice, which shall consist oE at least five 
memberf^ incliidiag the chief jusilicey or the. president 
«or the time being. 

I Art. 6^ — Crimes which, according to the existing CmpM tmamnhMHH 
laws, are subject to a capital punishment, shall hence- ^ b« joyttti ytfed And 
Iprth be prosecuted before the . fuH ceurt, which sMl j^Sj^^ lk«fc« the 
c^n^stof at least seven members^ inoluding the chief '^'^"^ 
justfoe or j»resident. 

In case the chief justice or president should, either 
Uom indisposiitiout or other legal impediment, be pre* 
VfHited firom attending a trial, which admits of no ilday, 
the senior presiding member for the time being shall 
supply his place ; but the court shall give due iiSorma- 
tjon thereof to the then governor. 

* Aet. T-'-^The regulations hereinbefore made are The Trrorhioni maife 
not, however, to be understood as intended to be in de- >"> ^» '•**«' «»«* ^S9d 
raaation of the authority granted to the he^miraden^ by ^^^cUioftheOrdifunce 
tic l52dmdl5MJrikks<fthe(hdinamey 

October^ for the Gevernment.rf tkc Country DutnctSt or- main in force, 
daaaiog^ * That^ for the promoting of a prompt adminis- 
'tratioB of justice, the heemraden are. . authorised, at 

* ihe requisition of bis Majesty's fiscal, or thie landdmt, 

* in case the accused person cannot ht immediately for* 

* warded to town, or the annual commission of circuit 

* should not be present at the drostdy of the district ia 
' which the crime has been committed, to attend at the 

* taking of preparatory examinations, in all criminal 
^ cases, belonging to the cognizance of the full court, as 

* well as of that of the respective commissioners from 
*' the same; and of summarily interrogating the accused;' 
sut^ct, however, to the mo<lificat ions and restrictions 
prescribed by the 152d and 153d Articles afoi^e-men- 
tioned. ^or shall these regulations be interpreted as 
affecting the Hght, which, according to the laws and 
tisages of this colony, belongs to his Majesty's fiscal, of 
acting by prevention in all criminkl cases, without ex- 
ception. 

AuT. 8. — The prosecution of crimes and misdemean- xhe prosecution of 
ours, subject to the respective boards of the landdrostcriroet mentioned iaAr- 



2&a Awl^tftytxB^ 

iMlefd»tobecOTHedon and Beemfaden in tbe ^ntfp^ districts, sball hettriiM 
• bjr tlici s^eretary of the on by the secretary of the district In which mth crime* 
diitrict; and of those ^j. ttii8<)emeanour haS been committed; but In all other 
STTd 6UiV bV^e^^^ ^^« prosecution for crimes perpetrated in the 
landdrott, or hb agent country districts shall, in the first instance, ble Carried 
on by the landdrost himself, if the prosecution takes = 
place before the commission of circuit ; or by the officiftt 
agent of the landdrost, if it takes place before the Court 
of justice, or the commissioner or commissioners there-' 
from. 
AMcrraMscooNDkted Art. 9. — All crimes and misdemeanours committed 
miliiii the jmriadktioo within the jurisdiction of the town, the cognisance 
^ ^^^ed^rf"' ^^ *** whereof belongs to the commissioners from the court of 
SoS^ coianSrioocn' J***^"^®' agreeably to the 4th Article, and in like manner, 
by the fiical, or one of all crimes, the final decision whereof belongs to the full . 
hat deputies. court, agreeably to the 5lh Article, but of which the 

investigation is entrusted to a commissioner from the 
same, shall be prosecuted by his Majesty's fiscal, or one 
of his deputies. 

But the fiscal is to Art. 10. — All prosecutions of crimes committed in 

act lAperson, in all cases Cape Town, and which are to be brought before the full 

UfoiethefnUcoiirt^-c^^ the 5th and 6th Articles,. shall be 

lesslcgaUy pievented. \,nfrj^d ^^ by his Majesty's fiscal, in person, unless pre-' 

vented by absence, indisposition, or other legal impedi-' 

ment ; in which case he will be allowed to carry on the 

same, by one of his deputies. 

All prosecutions for crimes committed in the country 
districts, carried on before the full court, shall be pro- 
secuted by the official agent of the landdrost, in whose 
district the crime has been committed. 

AD doubts as to the ART. 11. — Should any doubt arise respecting the na-v 
competency of inferior ture of a crime, and the competency of any inferior 
courts, are to be submit, court to take cognizance of the same, such court, or the 

!Sinl,?^f1^?r' ""^ public prosecutor concerned, shall submit the groundsj 
the court of justice. r^ i 1 ^i r • .• r •* j t • ' 

'' of such to the court of justice for its decision. 

The principle on Art.12. — The decision shall be founded on the pfiR- 

JJ'hich the decision is to ciple, that in crimes, the nature of which admiU of grgr, 

be founded. dation in punishment, proportionate to the aggniAUiUi^ 

or extenuating circumstances of the case, the com|»e- 

tency of the court is to be decided, by an inquiry in|p 

what the highest degree of punishment would be, ta 

which the law has eventually, subjected the ciproe .ifi. 

question ; and thus, where that highest degree exceeds. 

that punishment which the minor courts are hereinbefore 

' authorized to inflict, tbe case shall not be Cognizal^le 

.. -byiu - - . • . . . 



Appendix B. 253 

< , . A tT- 13.-T-Tbe directions contained in Article. 1 1 th, Criraef subjett to fbc 
AaW *ko be observed, when crimes, subject to the cog- coffotmvx of the oont- 
nixance of the commission of circuit, are committed in ^^i^/to the^court rf 
.^he country distriqts, prior to the landdrost being pffi- justice, who will direct 
ciaFly injbrnied' of the period of their session at his whether the case can 
drostdy ; in which caj^e the landdrost is to apply to the Ke over till the circuir, 
full court,— state the crime committed,— and to exhibit ^*5®}{ ^ ^^^ ^^^'^ 
all the evidence collected by him, in order to obtain * " ^**^ 
not only the necessary decree for bringing the perpetra- 
tor to trial, but likewise the directions of this court, 
whether the case caii be allowed to lie over till the ses- 
sion of tlie commission tiikes place, or is to be tried * j . 
liefbte the M\ court. ' * 

Akt. 14,^-The perpetration of a crime renders the The perpetratiom»f m 
perpetrator subject to the jurisdiction of the court of «""*« '^^?' **** ^^ 
that place where the crime has been committed J n as Pf^"^^^^^ 
fer as the nature of the case entitles that court to take where the, crime was 
icogni^ance thereof; consequently, every one accused of committed.' 
iiavTtig perpetrated such a crime in the country districts', 
is botind to acknowledge the competency of the board of 
the landdrost and heemraden of the district in which 
lie is accused of having committed the crime; and on 
objecting thereto, or neglecting to make his appearance, 
or coticedTihg himself, jSiall be subject to all the conse^- 
'^^tiences established by law, towards criminals guilty of 
non-appearance, or of concealing themselves, for the 
{)Ur|^6se of evading their trifel. 

Art. 15.'— All officers of justice shall be obliged and The cheers of justice 
bound, on a legal decree for apprehension being ex- are bound to apprehend 
hibited uiito them, forthwith to cause the person or «»<*<*«***'«'' *<> the >ro- 
Tifersons against whom such decree has been given, ifP^ prosecutor, all erf. 
IV .1 ' .« *!• •• . » • 1- iT «! naaals asauist whom m 

fhey resfde or are in the district to which such officers decree S apprchenwoa 
t>tel6hg,'to be taken into custody^ and delivered to the has been issued, 
tonhfpet^nt officer, or his lawful Tepresentative. 

■ Art. 16. — The respective landdrosts shall, imme- The respective land. 
diately on receiving information of a crime having been drosts are to report every 
committed in their districts, report the same to his ex-c^»n«con»n»ittediniheir 
cellency the governor, the chief justice, or president of *^"^"^';» to the gover- 
w -^rr^' mr • . * c \ r \i^^ \.- ^ i_ • ' nor, the chief justice, 
the court, and his Majesty s fiscal for the time being; ^^j the fiscal. Thefis^ 

and his Majesty's -fiscal is to report to the governor and cal is to report those 
the chief justice, or president for the fime beings all committed in his juris- 
crimes cbniniitted in Cape Town and its dependenci<es. «liction, to the governor 
• "^ *^ and chief justice. 

A RT. 1 7.— The respective boards invested with j udi- . The ItiyMtkii «ottrtt 
cia! pQwer, are severally bound to superintend the admi- are bound ib idu one 
nistralioja of justice in. criminal cases,, and to take care *•*»* *• proceedings Ui 



254 Appendix B. 

cffiniDal cMtt are ear. that all Crimes and misdemeanoim be in^iiired Into 
fied on and terminaied vrithout delay, and the prosecutioB carried on and ter* 
jWi the utmottexpedi- mjnaied with the utmost expedition. 

AH public proaeca. ^^^' 18— All those who, by virtue of their office^are 
ton in the country dit- charged with the prosecution of crimes and roisdemeaiv» 
tricts are subject to the ours in the country districts, are subject lo the special 
snperiutendance of the superintendance of the fiscal, and, if necessary^ to hh 
^■^ directions. ' 

Howtbeeoortsareto Art. I9. — In case any informality or informalities in 
act, in caM of inlbnaa- this mode of proceeding shall take place on the parjt ojf 
U^r^tbe part of the the prosecutor, the court to whose cogniisance the case 
pi4ti^u.tor. belcmgs shall, both ex (ffidoy or on & complaint bdag 

lodged by the opposite party, require the public prose- 
cutor to report on the case, and then order such redress 
as such informality or informalities shall be deemed to 
require. 

The ibcara duty in , Arx. 20. — His Majesty's fiscal is likewise hereby dir 
taek case. leqted, in case of his discovering an informality or inibp> 

malities in any criminal proce^ings, by which, he con«> 
ceives the dictates and objects of thb mode of proceeding 
are not duly followed, to make an ofiicial inquiry tban^ 
on, and then to submit such representations. to the cow^ 
of juf tice, the cc^irt of appeals,, or (in the event of tL^ 
case being so far advanced, that the sentence, b^ l^ung 
before his excellency the governor for his jSd^> ito bif 
excellency the governor for the time beino, as he shall 
deem expedient, for obtaining redress of such informality 
or informalities; 

ThegovenmeRtmi. Art. 21.— The directions hereby givep to the respecr 
dant at Siaioii'* Towa, tive landdrosts of the countiy districts, as public pfos^ 
M^LJta^*^ ^^>£^to ^'^^^'^ **^* ^^ observed by the government resident ojf 
STTphrtiwMfawbf Simon's Town, when acting as public prosecutor before 
^▼en to Unddrofts. ^he court of justice, or commissioners from the samo, ii| 
like manner as if his name was inserted in each atticleu 

SECOND SECTION, 

Mode p/^roceediifg in the Iwocstigatum of Crimes in«^^ 
tg piblic Punishment, , ^ 

Tba petfatratpr of a Art. 22.— The respective officers are authorized and 

crime,. imnt$^ in fi^ required, in case of any crime or misdemeanour bein^ 

d?*. ^ ^'^Lu ^ ^ committed within their jurisdiction, which renders the 

j ^^l^ ffl^^*''^^ securing of the perpetrator necessary, to have such per- 

°"'^^?**' petrator taken up tnjiafnmii deHctc^ without applyiii| ; 

or waiting for any judicial decree for that purpose. 



Am, 93.^^Th48 AJ^reh€ns\oal^JlagrmUi delicto AM^ Bat such apprehen- 
withiu t\i^iity>four boursi be brought to the cc^nizancQ 8lon,and the facts of the 
of the competeat court, by the public prosecutor, wh© ^^^ "*"*^ ^ reported 
shaUfttate the circuinstanees of the case, ainl specify the JJuhi^ gTh^i^ 
names of those who can give evidence. th«reon, in order 
that liuch court may either approve of the apprehemiom, 
or give such other directions as, upon duct exanuoatioQ 
of the case, shall be found expedient. ' , 

Art. ^4» — The perpetrator, not being detected in^;2a- . In other eaiet,. no 
gf^anHdeUa^ shall not be apprehended but by a decree one cui be apprehended 
oi the competent court I whicb court shall gvant or issue without a deciee. 
such decree, either ex qfido or on Uie representalion qf 
the pttblie prosecutor ; provided it is certain,, or there 
are strong grounds for believing that the crime has been 
commuted by the accused person, and will subject him 
to cor^mt puniithroent. 

Akt;?5. — No person shall be summoned to jmtvmmi/ Nor shall any tinB- 
a^pea^Mce before the couit, to whose jurisdiction he is "»<>»» for Pf^'^^^^^f' 
subject, for the purpose of answering to any crime Iftid P^ncebeisrotdwim. 
to his xhargei unless such summons be authorised by an ^" * ^^"^^ 
eipeeial decree of such a court, to be granted in case of . 
It» being dosbtful, whether the alleged crime involves 
corporal punish mont, or in cai^e of the crime being sub- 
j«Qtfto>c#fiperal punishment, the information against the 
ai^cti^ed^oesnot contain sa high a degree of probability 
a« to render him liahle to be apprehended. . 

Art. 26. — But in case there be perieulum in mora, or An arrest mat be 
if by the delay attending the prevfous application for niade where there lajpe- 
•uch m decree, the administration of justice should be '^«*5*"* *** T*^*' ^'^ 
impeded^ the officer <rf justice sjiall be warranted to ar- Jew^J^J^ iThb^l^ 
rest the suspected delinquent, and to place him in civil ^ 
custody^ provided the information prescribed in the 33d 
Airticle, in regard to apprehension in Jlagranii delicto^ be 
ponetiially given ta the eompetenit court within twenty«> 
four hours. 

AJiti^37«— His Majesty's fiscaU his deputies, the land- DeseripHon of per- 
droslsy their deputies, and jbhe resident of Simon's Town, sons who may be appr^ 
shftll not require a ptcvio us decree for taking into ctts* headed wkfaoot a de- 
todyany person or penons beneath the rank <3" bui|^erB *"***, 
or Christinn inbAhilanta; such pefsons being liable (e 
cprporal, apprehen^on and.confioemefit^ by order of the 
respective officers, whenever suspected, or accuseds of 
bavingperpetrated a crime. 

, AAT^S^^^^Of such apprehension, however, thepuWc By rt ta be tiut§t 
prqiwciltor ahaU Iik«wi9e:>b« heundt witU&KtiiMni^*four tkescon. 



256 AV?i:KDix 33. 

*i*ouW/to inform the court, under whose jarisSfctlbti^tlie 
same has been made, stating the nature of the delict and 
the circumstanced which led to the conviction, that the 
person or persons apprehended, is or Hre actually the per- 
petrator or perpetrators of the crime he or they stand 
accused of; and, at ihe same time, to priEiy the court to 
'Confirm the arrest. 
Local iutpeetioo to Art. 29. — Immediately after the perpetration of a 
he ImM IbrUiffiih. rriirie shall be brought to ihe knowledge of the courts 
or the public prosecutor, the necessary beat inspedkka 
shall take place in presence of the prOsectrtor, or his re* 
presentative, by a committee of the court, assisted, m. 
cases of wounding or killing, by a regular admitted: me- 
dical man^and atteiided by the secretaiy, who shall form, 
•and subscribe an act, containing not only the particulars, 
of the alleged crime, but likewise all local and other, 
circumstances relative thereto, tha,t attracted the atten- 
tion of the coromitttee, at the time the inspection tdok 
place. 

Aad prepantoiy ex- ' Art. 30. — In all prosecutions for alleged crimes,, 
aminatknis to be taken, requiring the securing of any person, or a sdtnmons for 
personal appearance, the competent public prosecutor 
^hall, in the presence of a committee from the court of 
the place where the crime has been committed, take 
such preparatory informations as are requisite to enable 
the court to give the necessary decree for appr^benslofij 
• or for a summons for personal appearance. . ' 

■ Witnesses to be sworn Art. 31. — All witni^sses to be examined in the course 
before giving their evi- of this preliminary investigation shall, previous to their 
^^^ce. giving their evidence, make oath before the court, by 

whom they are to be examined, that in the wbole of 
their deposition they will state truth, whole truth, and 
nothing but truth. And in giving any judicial decree^ 
or passing any definitive sentence, no regard whatever 
shall be paid to evidence not sworn to. 

The time lortUc com- ArtJS3.— The rnspeotitin b^ing effected ,-^tb^>re]i- 
■»*™ff^^^^«heirijU nnnary inforroatiotas being taken^-^and tbe-de^iM ftiir 
.idem of the^cLurni «fP«-efcension, lir^r a sumnmns for p^sMiU appeM^m; 
concurrence with the having been gritnted, the president of the court, betom 
pubtic prosecutor. whom ihe accused person is to be tried; sbaM, in Cdn'>> 

icvrrenee with the public prosecutor, fix thedagr on wbich 

the^trial ia to commence. 

But this is in no case Art. 33. — No trial shall be deferred longer than ei^t 
'^ ^ later ;tli|H 'the days ^ubieqaent to that on- which the decree has been 

^hi^ie'f*''**^8~*'^*'***^^^y le^ impediment should eicist, df 
" 8"" • which due proof must always be recorded. 



Appendix B. 2U^ 

ARt. 34. — 'the public prosecutor shall be bbttix), in The public prowcator 
every criminal case, to draw up an act of indictment, is to drew an act of in. 
from the prdiminarj information collected by him, dictment from the pre- 
which shall contain the, name of the accused, and the P"***y «»a«na*lon- 
pature of the crime alleged against him, described by 
the names and terms provided by law for each sort of 
crime, and including a statement of all such circum- 
stances which preceded, attended, or followed the per- 
petration of the crime, as might any way tend either ibr * * 
or against the accused ; always bearing in mind, that a 
religious adherence to truth, in stating the facts, and 
a strict accuracy in the legal description of the crime^ 
are the chief requisites of an act of indictment. 

Art. 35. — The accused^ whether in custody or sum- And to transmit m 
moned to personal appearaxice^ shall be furnished with a ^Py thereof, to the pri. 
true copy of this act of indictment, by the prosecutor, ■°"®' *^' acciwed. 
three days prior to the trial. 

Art. 36. — ^The public prosecutor is likewise to take And a like copy to the 
Care, that the act of indictment^ drawn up by him, toge^ president of die court, 
tber with the preliminary information relative thereto, ^"g^ther with the pre- 
be transmitted to the president of the court, before wh^wn ^^^^'^ "ammatiamu 
the accused person is to be tried, at least three day$ 
prior to the day of trial. 

ART.37.-^And in order, in the administration of jus- Thcaeiof indistiaent 
tkre In criminal proceedings, to give equal facility to all shall, if required, be e*. 
and every accused person, the tenor of the said act of P|*;^^ ^ ^"^' 
indictment shall be communicated to all persons in cus- 
tody accused of having committed any crime, without 
exception ; and, consequently, to all Hottentots^ free 
blacks and slaves, to whom, in case of their not being 
able to read, the same shall be read and explained — in 
Cape Town, by one of the sworn clerks belonging to the > 

court of justice, or if need be, by an interpreter ; and 
in the country, by the clerk of the district, or the person 
acting as secretary to the board of the landdrost and 
heeroraden, when the secretary to the district is acting 
as public prosecutor, or if need be by an interpreter : 
due proof whereof shall appear on the records of the 
proceedings, as otherwise the same shall be null and 
void* 

Art. 38.— The contcnte of the act of indictment The contents of the 
bavkig been comrminicated to the accused, be shall b^ Sl^^t^tfh^ 
required to furnish the public prosecutor with a specific ^^^^ he is to furnish 
list, under his ngnatitfe, contaiping the names of those the public prosecutor 
be wishes to produce as evidences in his favour, in the with a list of the wit- 
iavestigfttion of the crime he stands accused ^f ; and this ^•^j,J^'^ ^^ ^ 
s 



2SB AppiNiDix B.' 

l»t is to be transmitted to tbe court, od the day of txiaU 
in order to be filed with the other documents of the suit. 
Howthetriidistobe Art. Sp.— On the day of trial, after the court has 
commenced. been opened, with the usual ceremonies, and the ac- 

cused, whether a prisoner, or person summoned to per- 
sonal appearance, the prosecutor is to exhibit the act of 
indictment, subscribed by him, together with all the pre- 
paratory informations, collected by him,, and a specific 
^ list of all the witnesses, in favour of, and against, the 
accused, to the best of his knowledge;^ together \vith 
the interrogatories, on which he considers the prisoner, 
er defendant, should be examined. 

The act of indictn^nt Art. 40. — ^The president of the court is to cause the 
to ^ read b^ the secre- act of indictment to be read, by the secretary, to the 
tarj. ' accused person, in a loud voice ; and to inform liim, 

that, in consequence of the act of indictment, the secre- 
tary will put to him the queries, exhibited to tbe c6(iit, 
by the public prosecutor, in his pubUc capacity, «nd 
811^ others, as the oourt shall think requisite; 

Thfi queries^ exbibitjedby tbe public prosecuftoi^ ^are 
not, howeva-, to be put to the accaaed petson^ tilLaf^ 
proved of by tbe coutt. 

No delay to be per- Art. 41. — After the names of the witnesses shafl have 

nitttd» hot far kitfol been given in, neither the public pnasecut^^, .or the 

«•"«• accused, shall be. allowed to. delay the ifiiresti^tioii ; 

eitbec by giving in the names of further witnesses, «r 

otherwise, unless permitted by the court, forceaaonsof 

importance^ which are to be duly recorded. . 

Mode of proceeding* Art. 42. — In case, however, the accused' person has 
when an exoeption is to propose any exception, which would tend t6 impede 
proposed by the accus- the progress of the trial, such as the exceptions of iVeofTi- 
***• peienie^ Utis pendentts, or litis fimtoBy he shall be entitled 

so to do, immediately after the act of indictment has 
been read to him, and before the investigation com- 
mences; to which exception the public prosecutor is 
to make an immediate reply ; whereupon, tbe proceed- 
ing son this exception shall be considered as closed, and 
sentence thereon pronounced, forthwith, according to 
tbe merits of the case. Gases, h'tfwever, th». investiga- 
tion whereof has been directed, by this ordinance, tobe 
maA^ by one commisttioneff from the count of justice, and 
the final judgsient whereof hi^ been resec^ied foe the 
full court, shall be broug;ht before the full court, as soon 
aa possible^ after the public pfbsecutor has. made his 
limply tQ.the e?^eptipn, and there be deeded, airconiing 
JU>Jtb#ieiccM«slances of the case. . .. 



Anr, 4d.-*-Th€ etceptioB being rejectefrf by the<Jourt, In case oTtbe exocp- 
the investigation of the case shall be continued, as if the tlon being rejected, the 
accuiied person had not proposed it. prosecotion b to go pm 

I'be accused, however, i( be considers bimself ag- Hew to pvoemd i* 
grieved by the sentence on the exception, is entitled to cate «£«■ appeal. 
%n appeal from the commissiooers to the fuli court, 
(reavditUJ or from the full co^rt to the court of ep- 
pieolsy as the nature of tho case shall require. ]n case 
of an appeaU however, tke court below, after ha^ng de^ 
glared tbe examinations closed, shall not be allowed to 
ytroceed ferther* until a fioal decision be given on the 
exception; by which ii shall appear, tbat the further 
q9g|ii^j9ce, of tbe ciase belongis to such court, and is to 
go on, without interruption. 

Aw.M.r^li th^ accused does not propose any ot* Ifaoexeeptioaifpro* 
ceptioD, the iiiterr<^;alion sbtfll take plac« imnediately ; po«pdyti»«Beoaed itie 
99A the accused shall be questioned on every, cireun^ be interwjgated, 
stance reladng to tke accusation, and resulting froan 
tbe preparatory examinations ; but shall not be interroK 
gfAed. a second tia^^, unless be should himself make an 
application to that effect, or unless new matter shoulkl 
arise in the course of the investigation, of which no 
knowledge existed, at the time of the first interrogatibn, 
and even then not until an express decide of the cour^ 
b6 given to that edect> after due inquiry shall have be^A > 

previously made. 

Art. 45«-^The accused person having amswered tlie The interrogatories 
queries, put to biro, the same shall be read to him clearty ^^^ answer* to be read 
Mul distincUy, word for word, and he shall be at liberty Jji^^'^^ 'm he^nT' 
to abide by the answers thereto given, or to propose suca thSak fit. *' " "**^ 
alterations therein, as he may deem necessary for his 
defence. No erasure, addition, or alferation, however, 
shall be made of, to, or in these answers ; but the re- 
traction, addition, or alteration proposed, shall be accu- 
rately recorded at the foot of tlie former answers. 

AaT. A16. — In case the accused should obstinately Mode of proceeding. 
jcefusO' to answer the whole or part of the queries put to in case the accused re- 
buiiy such rc^fusal shall be ooosidered as a contempt of ^"»®* *o answer, 
court, and subject the a<xused to imprisonnient duritag 
tbe whol^ course of ^be trial, although tbfe deciiee, givt^n 
in the first instance, should be limited mert^y. to a sum^ 
Bions {ovpgr^onal appearance,.or that rieason^^ould arise 
for a provisional liberation^ Imlenendent of this pienal 
consequence, such obstinate refusal shall not impede the 
continuance of the investigation of the case ; but, on the 
contrary, be considered as a denial, and the court shall 
8 2 



260 Appekpix B. 

proceed agdnst the accused, as if an actual denial bad 
taken place. 

• Id cife of confession, Art. 47.— In case the accused confesses the crime, in 
Hk doeaoents u> be the courne of this examination, that is to say, if he 
hfimjg^i vtformm pro- acknowledges both the fact and the culpability of tbe 
hanU iinmediatel^, and ^^ime, and this confession is supported by the evident 
to nSlThU clJnT existence of the crime, or the corpM deUcli, and the evi- 
dence contained in the praparatory examinations ; tbe 
court shall immediately cause the preparatory examina- 
tions to be read, and the witnesses (if there be any in 
the case) to be re-examined ; which being done, tbe 
court shall close the investigation, and direct the public 
prosecutor forthwith to make his claim and conclusion. 

The aocaaed is then Art. 48. — The accused shall be at liberty to make 
to oMike bit defence, his defence against this claim and conclusion, either 
Md. tbe court to pats verbalty or in writing ; and after having made this de- 
•eutence. fence, or after having declared, that he has nothing fur- 

ther to say in his defence, the court shall proceed to 
deliberate on the case, and pass such judgment as the 
law shall require, according to the circumstances of the 
case. 

The crine beiiig de- Art. 49* — If the accused denies having perpetrated 
Died im uu, ot in pwt, the crime, or part thereof, or if he acknowledges the 
tbei^tn^set ire to be perpetration of the fact, but denies its criminality, the 
^ re-examination of the witnesses, whose evidence is con- 

tained in the preparatory examinations, and the examin- 
ation of those, whose evidence has been called in by 
the public prosecutor and the accused, shall be pro- 
ceeded to, immediately after the accused has been in- 
terrogated. 

Those named for the ART. 50. — The witnesses against the accused (incliid- 
proMcution. ing those who gave their depositions at the taking of the 

preparatory examinations) shall appear before the court 
separately, and, after having been sworn by the presi- 
dent or presiding member, to depose the truth, the 
whole truth, and nothing but the truth, shall be exa- 
mined by the court, on every circumstance relative to 
the case in question, in the presence of the accused ; 
whereupon the public prosecutor shall be at liberty to 
suggest such questions to the court as he shall consider 
necessary. After which the accused shall have the 
right to put such cross questions to the witness as he 
shall deem necessary for his defence. 

Those called for (he Art. 51. — After all the witnesses against the accused 
shall have been examined, all those in his favour shall 



Appendix B. ^61 

be brought before the court separately ; and after hav- 
ing been sworn, as before mentioned, shall be examined 
by the court, on all circumstances relative to the case' 
in question ; whereupon the accused shall be at liberty 
to suggest such questions to the court as he shall d^m 
requisite for his defence ; after which, the public prose* 
cutor sl^tll be at liberty to cross-examine these wit^ 
nesses* 

Art. 52. — At any time, previous to the close of The power of. ih* 
the trial, the court is entitled to put such questions td coart to interrogate the 
the witnesses as may tend to discover or disclose the ^it»>«»»c»» 
truth) provided the parties be present. 

Art. 53. — After the witnesses on both sides have been The examination be- 
examined, in the manner before mentioned, and no fur- ing doted, tfbeMcimd, 
ther investigation is required, the court shall declare the {f a"*^ ^^'^mA^tmmd^ 
examinations closed; and in case it is found, by this ^^j^j-^*^' . i 

investigation, that the accused is innocent, or that the 
suspicion, which arose from the preparatory informa- 
tion, is entirely removed, the declaration of ** the inves- 
tigation being closed,'' shall be made, accompanied by 
a decree of liberation from imprisonment, or of ac- 
quittal from personal appearance, and from all further 
prosecution, for the crime, set forth in the act of in* 
dictipent. 

Art. 54. — In cases where the inquiry is to be made Manner of proceed- 
by one member of the court, according to the 5th arti- ing, when Uie prepara- 
cle, and the investigation to take place, before the full ^ ®*"!*""?^? **" 

court of justice, the prescriptions contained in the 39th, l!!" uT.^!, ^iT'til 
-^1 . "^ --.•.^.■^--1 -►! -z^t — r.i .«.! ..«.•' coniniwsioner, and toe 
40th, 41st, 42d, 43d, 44th, 45th, 46th, 47th, 49th, 50th,- ^rther investigation U 

51st, 52d, and 53d articles, in regard to the mode of to take plac^, Mm the 
proceeding, are to be observed by or before such com« foil court, .■■, 

missioner of the court, until the mvestigation shall have 
been closed ; and then the case shall immediately go to 
the full court, and all decrees, for liberation from impri-» 
sonment;~acquittal from further prosecution— and all 
other decrees, found necessary, after the closing of the 
investigation, shall be reserved for the full court ; and 
all proceedings, subsequent to the closing of siich inves- 
tigation, shall take place before the full court of justice, 
which shall be at liberty to have the examination re- 
sumed, if it is deemed necessary. 

Art. 55, — If the accused has not confessed the crime^ Where the erklence 
and the investigation has not produced sufficient proof »« not tuificient, a pro- 
for condemning him, and if it be not probable, that fur- ^^J^""^"^ "^^ 
ther proof can be obtained, within a short time, the * ' , 

court shall immediately give a decree for provisional 



1)9C Afpvkpi^ B. 

Utieration, on ih« accused perion giving MCuHty^ fee 

kis personal appearance, whenever required^ -or auch 

other provisional decree^ as the nature of th« cas9 io»y 

require. 

Such decree not to be Aut. 56.-Tbese promJofHil deercei shall hjindtt In 

in Ibfce longer than force no longer than a twelvemonth, at the e^tpinmdn 

twelve months ; at the ^f which period, the public pro8eout0r shall repdrt to 

eipiraUon whereof, • ^j^^ court, on its first subsequent meeting, what elldea-< 

finid deotton muft take ^.^^^ ^^ y^ ^^^ ^^^^ ^1^^ ^^^ ^j^^^ ^^ ^^^^ farther 

^^* discoveries; and in case no sufficient proof shidi haw^ 

then been produced against the acicused, the court, by 
final sentence, shall acquit him of all further prosequ** 
tion» for the crime stated in the act of indictment. 

WImm te evidence ART. 67. — But in case the court conceives the evK» 

i» tniRcieiit* the puhlic dence brought forward sufficient to convict the accused 

pvoaeciitor is to make person of having committed the crime, the investigation 

hii^ claim. ^^^\i jj^ closed, and the public prosecutor ordered, forth-» 

with, to make his claim, to such effect, as the nature of 

the case requires, and the laws of this colony direet. 

Upon which, the ac- ART. 58. — This claim having been made in public, 
cmed^ to make his de- the accused shall be entitled, likewise in public, to state 
fence, and the proceed- his defence to the court; which being done, the pro^ 
i.igs to he <:lo«edt ceedings shall be considered as Completed, and jud|^^ 

ment passed without delay ; unless the public prosecu- 
tor should, for particular re^ons, apply for permis$ion 
to ma,kp a rejoinder, and th^ court should accede there-^ 
to ; in which ease, the accused person shall be entitled 
to make a ^ur*rejoinder i but afteir thi$, qo further delay 
shaU be aUowe^* 

EvMence, tending to ART. ap.'-^The court, liowever, shall be bound, at 
exculpate the accused* ai^ time, from (he commencement of the proceedings, 
to be admitted at any up to the execution of the sentence, to receive any evi- 
^rwd of Uie proceed- ^j^nce, that may be found tending to exculpate the 
^^* accused ; provided it appears, that the application, for 

the reception of such evidence, be not made with a view 
to impede or protract the course of justice. 

The defcnire havinff Art, 60. — ^The investigation of the case, in which tho 
been made, judgment to accused shall have wholly or partly denied the crimiQ 
be passed forthwith. laid to his charge, having been closed, and the public 
prosecutor having made his claim, and the accused hia 
defence, the court shall immediately deliberate on the 
case, and pass such judgment as the law shall require, 
according to the circumstance of the case. 

The sentence to be '^^'^' ^'* — ^"^^ sentence shall be subscribed by the 
read in court, and to Court, and then read to the public prosecutor and the 



•M^Mi^Mtid^ on the di^ of exeeiitioti^ tke seaieaG^ be pronal^ed oo the 
sbilU be pRHQulgated in the prtwmre of the accused^ daj of execution, 
to^ir^ber , with a detail of the eriine^ and all circun^«- 
stancea cektive thereto. 

' Akt. 62.-^No criminal sentence for punishment in No execntioa to take 

^UMiCy (transportation, banishtpent, confinement at place without the go- 

ildbben Island or elsewhere, included,) shall be ptit in vemort^it. 

isxecliti^n, widiout being approved of by the governor « 

for the time being, and sanctioned with his^of, or miti- 

fei i ad^ as ht majr deem proper ; for which purpose^ all 

eBHniBal sentence^ on inappealable cases, shall betr«i»- 

nitted tothe governor for the time being, forthwith; 

or^ if the case be appealable, as soon as the time for af»- 

pefiKng has elapsed, in case no appeal be lodged. And 

9Uch sentences, if passed in the country districts, shall 

be accompanied by a true copy of the proceedings^ on 

which they have been founded. 

. AEVi 65. — The execution of all criminal sentencei^ Sentences paa^ M 
passed by the commission of circuit, and the boards of cases tried before the 
laii^lrost and beemraden, and of those passed before the c'^^f^^ jf dreuH, 
full court of justice, on an investigation before the com- J^st aadTto^^iSSl 
jnission of circuit, shall take place at the usual place of where to be execatedl 
execution oi the district, in which the crime has been 
comn^iitied ; but the execution of those, passed by th^ 
iaqddrost and beemraden of the Cape di^rkt^ and by th^ 
court of justice, or commissioners therefrom, shall be 
executed at Capo Town. The court of jiistice, how- . fhe court's cotfipe- 
ever, in cases of necessity, have the power, with die ap- tency in this retpeot* 
probation of the governor for the time being, to direct 
the execution to be effected at any other place. 

Aar. 64.-^After the governor for the time being, xhe ttmc for exectf- 
dias put his Jiat to a criminal sentence, the cotirt ^11 tion to be fixed, 
ix the timeof ex^cution^ ttiking care, particularly when 
it involves capital punidiment, that the execution be not 
protracted beyond the time required for the necessary 
preparations ; and in case any impediment should inter- 
vene, the governor is to be acquainted therewith imme- xn cases of capital 
diately. In cases of capital punishment; the court, Or punishment, the execu- 
cbmmissioners therefrom, shall communicate the time of tion to be communicated 
Ae e^jnition to the ddinquent, in the P.«?e«ce of |^«^^ .^JXf^ ll 
the public prosecutor, at least 24 hours before it is to take j^ ^ ^^^ p|,^ 
place. 

Art. 65. — ^The accused shall not be allowed an ad- The accused, after 
vocate in court, during the coui-se of the Proceedings, J^^^^^g »^'J!^*'*^^ 
hereinbefore prescribed, until he has answered all the aiiowS ^^tcTempioy an 
questions to be put to him, after the act of indictment advocate. 



264 APFVNmx B. 

• 

' hat Wen rted tobim; bta balding Jane 90, be AM be 
allowed to employ an aflvocate to aamt him pn pvUb^ 
questions to the witoesBes, both in fovour of, and againat 
him, agreeably to the 50th and 5l8t articles; and b« 
^hall further be allowed to pntrust ai^ advocate with his 
defencp, on all ooints of law, that may incidenMd}y i^m 
up, and with all pleading in defence of t^e ,nmia ca«s^ 

* provided both que ^nd ^jie Qttef hp dope.m ^hcj pres^Qc^ 
of fbe accused. 

The adrocat« tp bf* Aet. 66. — None but an advocate rogukrij^ admitltd 
pne Mliiiitted by the cau be chosen by the accused foc his defence ; and loeb 
frpurt, and noi tp be re- i^ivocate, baviog onoe undcrteken the case,- sfaaftl not be 
leased from Jbe qbliga- jj.^jjj5,jg^^ ^^^^ ^^^ obligation of asttsttng the accttsed, 
J^^ bT&I!!,*^ *^" duf ing.the whole course of the praceedtngs, unless at ikp 
* instance of the acc^sed, or with the appKibation of tbe 

court. 

Access tq f:rifi|!nal Aet. ^Z^"— As long as a criminal prisoner cbntinues 

|piw<Br«,iu wbic mnn. under exarni nation, ho access to him shall be allowed, 

i>er to be artowed. before without the consent of the court, which, on granting such 

5mZ«^-^T*^H\^ consent^ will be at liberty to impose such restrictions as 

^b^ maiMier i^ffer ^hat "'^'y °^ deemed requisite. But after the prisoner shall 

have gone through his examinalion, his fiaendsy relations, 

and counsellors, shall bate free access to bim, subject la 

the regulations of the roagtstrate^ to whom the superior 

tendance of the prison and the safe custody of the pri* 

soner is entrusted. 

A pertbn under sum- * Art. 68.— When a person, summoned to personal 
moot fpr persona) ap- appearance, has appearcti and answered the interrogar 

w!^i e Ue"^ a*^ ^^^^ P"^ *^ ^*'"' ^^^ ^^^^^ ^^^^ declare Whether he » fa 
ril^pot to hi'm,tb^urt ^ detained or left at large ; in the latter case, the court 
is to decline wbeiher he will bave the option, either (o allow the accused to re- 
ts to be detained or left main at large, on giving pecuniary security, or upon 
l^tlarge^ aiM) uncj^r ^hat maiDprise, or solemn promise to reappear, on the requl- 
re^rictions. iiiion of the court, or public prosecutor, at any time 

within the period of twelve months, as fixed in the 56(ii 
Article, on pain of being considered as guihy, aad, as 
«ucb) taken into custody by the public prosecutor^ er 
those officers sitting under his oflders. 

In case be be released under pecuniary seetirttyv Ae 
obligation of re-appearing continues, but only on pain* 
in case of non-appearance, of forfeiting the sum specified 
in the recognisance ; for which reason, the court b tp 
iix such sum according to the nature of the crime,-^the 
pircurastance of the individual, — and the pi|nisbin^m 
^^tendant on the crime^ 



App£ndix B. i6& 

' Aut. (^.«-If the delinquent, against whom a decree Mode of ptoce^ding 

^^anest has been given, has absconded or concealed sg»Jn« drfioqwcnti wb, 

hiniself,fae shall be snmmoned by an edict, proclaimed •<^^'"«' 

alter due warning, ty the ringing of the court-bell, to 

tipptKT before the court, on a certain fixed day, in order 
'^^^^ answer to such crime or crimes as from the prepare* 

^M«y esAihihations may have been lafd to hisx^harge, and 
' which' aninmons by edict is to c«>ntatn a statement of the 

nature of the crime, drawn up with all the strictness and 
; mtMy observed iti tkc construction of an act of iiidict<p 

ment.: 
Jn case of a non-H>pearance, this summons by edi^ct 

shall be twice reseated, and ii^ ciise the delinquent does 

4iQt appear oa the third summons, the public prosecutor 

shall be admitted to bring all the evidence^ as well in 

6ivour of as against the defendant, in forma pfabimfif 

and to make claim and conclusion f^inst the defeulter* 
On tfhis admission, a fourth summons ear fifMroftiia-^ 

flanti, specifying the day on which the public prosecu* 

tor is to ^ve in his claim, sb^ll be published in the 

mann^ir ^bove-mentioned. 

;• AftT. 70.ffT»(n the case of any person summ(oned to The same ooofitraed, 
personal appearance in court, shall not make his appear- 
ance on the day prescribed, a decree {or prise de catfs^ 
(s^isure of his persout ) shall be issued ; and iq case he 
[las i^bsconded pr concealed himself, the same mode of 
proceeding sh^l be observed, as is prescribed in the 
former Article, in reg^d to absconding or concet^led de- 
linquents, under a decree of arrest, 

< hwT* 7i* — If no sufficient proof be produced, tocon^ The same coadnuedt 
-.sider the defaulter guilty of the crime or crimes, on 

which a decree for .arrest or for personal appearance in 

^urt has been given, and if the suspicions on which the 

decree has been grounded, i|rc not reoMtved or lessened ] 
, tbepublip prosecutor, independent of his risht to pro- 
. secute for the crime itself, shall prosecute the accused 

And defaulter for contumacy, and make such claim 

against him for banishment, or such inferior punishment 

as the nature of the case shall require. 

Art. 72. — Any defaulter under a decree of arrest or Mode pf |Moceedin|| 

for personal f^ppearanc^, making hb ajjpearauce in court, on thdr returning of b^ 

or being taken up prior to ihe jutlgmt^jit for contumacy »"«**«> ^P* 

being passed against him, shall be proceerkd agamst as 

if he had not been a defaulter; but if he makes hts 

appearance in court, or is taken up ^ubst;t[uent thereto, 

he shall be allowed to make his defence both in regard 



366 AifPEifiwx^Bk 

' • ta bii apD«4^pipeacance in cpurt, luid in !regai4 -(o die 
crime or crimes laid to his cbarge in the siunioons.fay, 
edict; but all evidence, collect^ during bis abtanofe^ 
and produced in court by the pubHc prosecutor^ slttli 
be considered as good, valid and legal, as if the same 
had been coUecti^ in the presence of tbe accuscd^'an^ 
the court is to look upon the same as sweb ; ualesa 4tft 
validity should be taken aa done away, by sufiiai^ 
(Counter p<oof. » ; 

TVsamecoDtiDoecl. ARfT. 73«-^A nd th« ftti^sed person havhig niade^tMn 
defence, and the public prosecutor having made hi^ H^ 
jkJiiidei', and produced further proof, in tli« hyaimer |yre- 
scribed by this ordinance ; the court shall, notwlthttii^-c 
ing the existence of the sienfence in contttnmcyy proceed 
to pern s«ch sentence oti the circumstances submitted ta 
its deci^fi, and evidently prOfved, as it wou^ld have passed 
in cas« th«f ttCM^ilsed a^id defaulter had been bought td^ 
trial in a regnlaf manner, fi^om the v«ry commencement 
of tb« proceed} Ag^. 

WHiMMet goiKj of Altt. 74. — In c^e any witness, dbly stimmohed by 

coDtniMcj, how to be the messenger of the court, should fail iri making his 

^^wpo****** pergonal appealftmce before' the court, or in casd of his 

being unwilling to give evidence, the prescriptions which 

are hereafter set forth from the ll6th to the 119th Ar^ 

tide, both incluiiye, shall be foll6W«d in regard to hhn. 

Witneaefl eatided to Art. 75. — All Witnesses in criminal cases, who make 

n compensatioD, for all their appearance in court and comply with the reqtiisi* 

"n^ "S^'^ '° ^^^" thereof, shall be entitled to a compensation for all 

*" ^ *"• expense necessarily incurred by them on that account ; 

ntid the account thereof being duly examined -a^ mo- 

derated by the court, shall be di^chai^ed by the pt£ttff 

at whose reqi^isition the wifr^ss has been brought for* 

ward, or, in case of inttbilit}s by tlie colonial or district 

treasury, as the ca^ may be* 

All* pi»ceediiig» to Art. 76, — After a decree for personal apprehension, 
idle phi^ in opeo court, or for personal appt;arance in couft, shall have been 
given, all proceedings shall take place in^open court. 

No attention to be Art. 77 • — No investigation shall be closed, until it 
paid to documents not has become evident to the court that all documents re- 
pubficlj wad in court. Jative to the case iri quesllion, the preparatory ihformar 
tions included, have been read to the accused person in 
open court, at such period of the investigation as may 
be deemed most likely to afford equal and impartial jus- 
tice. And the court is to pay no attention to documents 
that have not been so read in court. 



A'»Pl^NDix Bi 267 

Art. 78.-^AU crimiBal proceedings are to b^ carried Tkeprooeedingttobe 
on wilhout interroption. The public prosecutor is to carried on witUout in- 
take care that all witnesses in support of the charge, and.^'^P^*^"* 
for the defence of the accused, are summoned for the 
day fixed for the trial. The court having once been 
opened, or the trial having commenced, the court shall 
hk bound to continue the SRme, or to cause it to be con- 
tinued until sentence shall havt^ bten passed ; and if the 
ca^e cannot be brought to a final conclusion in one 
stjsifimi, the court sbafl resume the session on the next 
day J (Sundays J holitUiys, and common court- days ex- 
cepted,) and so continue every day, until the trial is 
brought to a £nal conclusion. 

Art. 79* — In case the regular course of proceeding, Impediroentt to be 
prescribed in the preceding Article, should be impeded recorded* 
by the absence of the witnesses, or the intervention of 
extraordinary or unforeseen circumstances, the same 
shall be put upon record, for the discharge of the court, 
or the public prosecutor concerned. 

Art. 80. — In addition to all these regulations, the If potHble, to peie 
court is directed to examine into and to decide on all sentence immediately^ 
criminal cases, (the nature, of which does not positively without sending the do- 
forbid the measure^ without sending the documents ?XrdlrJmbe'^ 
round to the individual members, and even, if practica- 
ble, immediately on closing the investigation. 

Art. 81. — All courts and public prosecutors, jnde* j^\] criminal cases 
peadent of their obligatkm to inquire into and deicide in Cape Town, to be 
00 all criminal cuees, without interruption^ and with due brought to a final con- 
expedition, are likewise severally directed to take care «*""<>" ^^^. ^J* <»"- 
that all criminal cases are brought to a final conclusion '^^J^^ of the gieat 
in Cape Town, before the ctimmencement of the long i^ the craniry dii^ 
vacation; and in the country districts, before the com- tiictsv before the dep»^ 
mission of circuit leaves the respective drostdies,so that tnreof the comnisriei^ 
at such a period, a goal delivery shaU take place. 9f circoi^,. 

Art. 82. — On any lawful reasons preventing the final Legal hnpedlnientshH 
termiiiation of any case or cases, at the fixed period, the^terrenuig, are to be re* 
respective public prosecutors shall communicate those ported to the court, 
reasons, in Cape Town, to the court of justice,, and in 
the country districts, to the commission of circuit ; in 
order that they may be duly inserted in the records of 
the court, or that such steps may be taken, as the cir- 
cumstance of the case may require. 

Art. 83. — A strict record is to be made of the whole j^ ,^^^1 record to be 
of the proceedings, specifying the day on which the trial kept of the whole of the 
has commenced, and that of those on which the same proceedings. 



268 Appendix B. 

hat been con^nued,— the court before which it b«s 
taken place, — the officer by whom the prosecution is 
carried on^ — and the name of the person accused ; — and 
Airther, the whole of the proceedings, commencing with 
the act of indictment, and ending with the sentence 
passed on due investigation. 

And of tht order of A AT. 84.-*-In addition to the exactness and perspi'* 

time iu which thej bap. cuity to be observed in this record, strict attention mus^ 

V^o^ be paid to the order of time at which the several pro* 

ceedings have been carried on, so that every judicial act 

may appear in that order in which it took place. 

To be ckHed at the Art. 85. — The case not being terminated in one 
end of each meeting, meeting, the record is to be closed at the end of each 
lignedbytheooait.andnieeting, and signed by the court; and the original of 

u2*2SrtJ^! ^^*>** ^^^"^^^ *^ ^^g*^®*'' ^^^^^ ^ deposited in the ofitoe of 

^^* the secretary of that court, where also the whole of th6 

records are to be deposited, after final sentence. 

Li what case the coQft Art. 86. — In case the accused is in a state of insol- 
•hall grant legal assbt- vency, or if he be so circumstanced that his imprison- 
woe to the accused fro ment puts a stop to his means of subsistence, the coUrt, 
where practicable, shall appoint the necessary practi- 
tioners to assist him pro deo; but in this latter case, the 
accused shall be bound to defray and reimburse the ex- 
penses of witnesses, and other advances, required for (h6 
promotion of his defence; which expenses, together 
with those incurred for his subsistence, during the time 
of his confinement, shall n6t be carried against the g6- 
vemroent or the district treasury, until he has proved h}s 
insolvency, to the satisfaction of the court. 
No stamps to be used Art. 87.— The accused person shall not be bouhdto 
mntuU^lto **"' *" "^^ stamps, in cases subject to a more severe punish* 
niary fiiwL * '*^"" ment than that of a pecuniary fine. 
A^raistcompoimdiog. Art. 88. — The public prosecutor shall not be allowed, 
in any case whatsoever, subject to a fine or confiscation, 
and much less in any instances where the crime or mis- 
demeanour committed is of a more serious nature, to 
come to an arrangement, or to enter into any composi- 
tion, or in any other way to screen the offender from the 
usual course of a regular prosecution. 

^^ikT ^*^JP **^* Art. 89. — However, if any person accused of a mis- 
may be accepted* demeanour, subject to a pecuniary fine, be inclined to 
{>revent a criminal prosecution, by paying the fine stipu- 
ated by law, on the misdemeanour committed by him. 
Provided doe leoort ^^® pu^^ic prosecutor shall be at liberty to accept of the 
is made to the court Payment of such a fine : provided he makes a written 



Appendix B. 260 

coinnvunication 6( the circumstance to the court, at its 
first subsequent meeting, in order to its Mng put upon 
record. 

Art. 90. — If for the sake of avoiding a tedious law- Q^aes submitted t6 
$uit> aud the expense and trouble attendant thereon, any the decirion of the court 
accused person should submit his case to the decision of depUmo, 
the court de piano; such submission shall not, however, 
prevent an investigation taking place, or impede the free 
course of the administration of justice, provided the 
court shall find reason so to direct. 

SECTION THIRD. 

Mode of Proceeding in the Prosecution of Misdemeanours^ 

not subject to public Punishment, \ 

Art. 91 •'—Under this section are comprised: 1st. Description of offences 

* All misdemeanours which are not subject to a more comprised under Uiis 

* severe punishment than correction in the public prison, •^ct»«»« 

* temporary imprisonment, fines and confiscation, in 

* those cases whefe the law has positively prescribed the 

* same, and all transgressions of penal laws relative to, 

* the public revenue and police ;' — and 

Art. 92. — 2d. *• All complaints of masters of ships Tlie same continued. 
^ against their seamen, — of tradesmen against their ap:: 

* prentices, — of masters against their servants, whether 

* freemen or slaves, and vice versa^ — and further, all 

* complaints of parents against their children; and in 

* general all complaints, lodged with the magistrates, not 
' capable of amicable arrangement, or in which the ma* 
^ gistrate shall not be able to effect an amicable arrange- 
' ment between the parties, and in which cases the public 

* interest requires that the parties complained of should 

* receive a correction proportionate to the niisde- 

* meanour/ 

Art. 93. — All the before-mentioned misdemeanours Are subject, m Cape 
and complaints are subject, in Cape Town, to the cognir Town, to thedeciskm of 
zance and decision of one of the two commissioners from one comnussioner from 
the court of justice, attending for the dispatch of daily ***®.^"^ of iustice. 
business, in rotation; and in the country districts, to j.^'J^j, ^^^^^J^^ 
that of the landdrost and two commissioned heemraden, landdrost and two com- 
to be appointed by the said board of landdrost and missioned heemraden. 
heemraden, on the commencement of each year, and 
approved of by the governor. Misdemeanours com- 

Art. 54.— The said commissioner from the court of «"««**"" ^*^^'''°^ 
justice is likewise to take cognizance of all misdemean- S^efsl^.'^f oilL'^^^ 
ours committed in Simon's Town, and the vicinity there- Moiicr from the cburt of 
of, and of all complaints, which the resident cannot justice. 



290 Appekoix B\ 

M(rte in fm attifeabte miinnisr, until foitfier provi^ionb 
tb«)t have been ttmdt iti tKn respect. 

the power and doty Art. $5. — His Majesty's fiscal and the respective 
Of the iacal uid l«id. landdrosts are authorizeti and directed to summon be- 
^**^ ^rtST"*^* fbro them all persons whom there is a pivbable ground 
tation to <»nimit "a ^ »twpect of futurc misbehaTfour, tending to the breach 
t>raicli of the peaoe« for of the peace, and to make them give (heir personal bond, 
■ecvity. with such further security as may be requir<^ by the 

NMgkttate, that they will keep the peace, or abstain from 
committing the transgression of which they are suspected, 
on pain of forfeiting to government, the sum stipulated 
in this bond, according to the natnre end consequence of 
the case. The amount and nature of such security 
being, however, in case of dispute, subject to the deci- 
sion of the court, who are competent to act in cases 
comprised undet this section. 

Ifthetecuritybeooi Art. 96. In case the persons suspected cannot 
given. convince the magistrate that the suspicions against them 

are ungrounded, or if they refuse or are unable to giv^ 
the security or bail, required by the magistrate, they 
shall be Immediately taken into custody, and there re- 
main, until proper security be given, or until the com- 
petent cotMt shall have decided, that further deten^n 
as unnecessary. 

How to proceed hi ART. 97- — In case any person, who shall have been 
case of uoo-appearanoe. summoned by the magistrate, to appear, under suspicion 
of having an intention to misbehave, or disturb the pub- 
tic peace, shall not appear to such summons, and there 
shall be peficuhim in mora^ he shall be subject to imme- 
diate apprehension, under the prescriptions contained in 
the 26th, 27th, and 28th Articles of this ordinance ; but 
in case there is no pericultmi in mora, the prescriptioq 
contained in the 24th Article, in regard to persons ac- 
cused of having committed a crime, is to be followed, 
with this modification, however, that in such a case, the 
decree shall contain an order to the magistrate, to cAvato 
•he person suspected, to give security, that he will not m 
fiiture misbehave, or disturb the public pence ; and in 
case of reAisal or inability, he shall place him in cus- 
tody, until he shall grve such security, or be released 
by decree of the court. 

Oatli to be taken by -^^^T. 98. — If the suspicion of the magistrate is founded 

n«wiMie complainant. ^" complaints of private individuals, the person so com- 

'^ plaining, and requiring security for his safety, shall be 

bound to make o^th that he has no intention of injuring 

the accused, but that his life or person is really in dan- 



jer; and to state all ftudi circumstances aa ibay lead 
to convince tlie magistrate, that such daoger reallf 
exists. 

This oath is to be tuken, and the statement to be 

made, if in Cape Town, in presence of the sitting com* 

•missioner from the court of justice; and, if ia the 

country, before the commissioners from the board of 

laaddrost and heemraden. 

AftT.99-- The oflficial records, kept by the public , ^ffcofds kept by 
prosecutors, shall be considered as legi^ P^of W his ^T S!2^ SmJ^"^' ^ 
procee^nii, under the four preceding Articles. deuce tif the ^oc^. 

Ings. 

Art. lOO.-^The two monthly oommissioDera from the Arrangement which 
iDourt of justice, shali be at liberty, in dividing their ^y ^ ™?**« between 
oceupatioBs, to arnmge between themselves, which «if ^^i^^n^^"^**'^ '''''^•• 
tkem is to attiend for the iairesti^tioift of the misdemea^ 
Hours and complaints, comptrised under this section^dur* 
ing the month ; but this arrangement once made, is not 
Xo be altered, unless by reason of indisposition, or other 
lawful cause, which shall be allowed by the cljiief jwstic.e 
or president for the time beri)g. 

Aet. lOK— The commissioner in attendance) J^gwo- Commiswoner to at- 
ably. to this arrangement^ is tb att€»d at the coiut-rocMn tend the coort-room dai- 
every day, (Sundays, holklays, and court*4a;» eK«ept«^ h» ^o' the investigating 
from ten o'clock in the morning, 14 II two o'clock in the f"^^®*^^*^^!^^*'^^ 
afternoon, for the purpose of investigating aad deciding ^ iccSJT**^^ 
on all such misdemeanours and complaints, comprised 
undeif this section us shall be brought before bim». by 
^is M^e?ity's fiscal, or the resident of Simon's Town^ . 

1 Aax. 102.-^The landdrosts and the commissioners Attendance of Und- 
from the board of the landdrost and heemraden iii the.drostand heemiadeujn 
country districts, shall, in like manner, be in. read Jo©^ like cases, 
every day, (Sunda)^, holidays, and courtrd^s e><;cept- 
/sd^.tq take cog^izanpe of such misdemeanoufs and.com- 
pliaints, at the fequisition of the public prosQCu^or,, as 
4090 as the distance of their babitatippsiwiU admit: of: 
and in the absence of the landdrosts,. or, his being other- 
wise occupied or. lawfully impeded^ the acting landdrost 
shall preside, and he being absent also, the senior mem- 
ber is to act as president; and if the landdrost, acting 
landdrost, and one or both of the heemraden shall be 
absent, the heemraad or heemraden, residing nearest to 
the dtostdy, shall fill the place of him or them so 
kbsent, till his or their retum. 

Art. 103. — The prosecution for all misdemeanoucs Bj whom the prose- 
committed in Cape Town, shall be carried on by his cation of offences under 



272 ApiFENDtx B. 

this lection is to de cw- Mi^ett/f fiical, or Us dq>utm; iuid the proaecutioo 
ried oil. for sU those perpetrated in Simon's Town, and the JoHs^ 

diction thereof, by the government resident of Simp's 
Town, or his officimlagent ; and those, committed inihe 
countiy districts, by the district secretaries, whose du-» 
ties are, m the mean time, to be performed by- the dis^ 
trict clerk, or one of the clerks; from the office of the 
landdrust or secretary of the district, to be appointed for 
such purposes, with the approbation of the governor Ibr 
the time being. , 
N«dce to be givco to AftT. 104.-H-When the magistrate shall be acc^iiaiiitod^ 
the accoaed* ^y ^jirect complaint or otherwise, with the occurrence 

of ai^ of the misdemeaDoors, specified in the 9i^t.and 
92d Articles of this section, he is to inform the accused 
thereof, and to make out an accumte list of the names of 
all persons, who can give evidence^ on either nde^ re- 
specting the misdeoM^anour committed^ or compbuit 
lodged. 

The proMcutor's duty ART. 105.— If the case be of such a nature as lo 
^^^^^ti!^ ^ »««»- admit of an amicable arrangement between accuser and 
l*'^ accused, without prejudice to the rights of government, 

the public prosecutor, with whom the complaint has 
been lodged, shall use his best endeavours to t&:ct such 
arrangement, prior to the case being brought to the cog* 
niiance of the court ; and in case such endeavours shall 
prove unsuccessful, a record thereof b to be made in 
the proceedings. . 

The likeof the court. ART. i06. — In all such cases, the court ^Iso is bound 
to use their best endeavours to effect a reconciliation. 

Proceedings In cases ART. 107.-^ A 11 cases which, from their nature, «d«vt 
which require immcdi-of no delay, and which cannot be amicably arranged by 
Ateinireftigatlon. (jj^ public prosecutor, shall immediately be brought 

before the competent court, and* the parties «nd. v/W- 
nesses, on receiving a written requisition to appear, s^ali 
b^ bound to immediate appearance, in the same mtaner 
as if they had been summoned at the usual period^ anfl 
in the usual manner. 

The like hi those Art. 108. — In all Cases not requiring such extmor* 

which do not diiiary expedition, the competent prosecutor shall, at 

^«^®"« ^^ 1>« least 24 hours before the meeting of the court, send a 

sent bj the prosecutor, requisition, by the messenger of the court, to the person 

accused or complained of, calling upon him to appear 

before the competent court, to answer to the charge 

brought against him, the nature of which shall be sped* 

fied in such requisition ; and, in case of complaint^ to:*the 



. tomfianuitity caHing upon him to appear Bnd' bnag W^ 

ward his charges; and also to the witnesses, as weH 

those which shall have been previously specified> anil 

those who may be named to tl>c messenger -by the* com* 

tilatnant, or person complained df, at th^ time of serving 
. the re^utsitton ; catling upon them to give their evi*^ 
: dence-in the case, which is to be specified to them, m 
. tliie (ime.of tetviDg fthetreqiiisitian. . i . 

. Aax. 109.— tTie piibtie prosecutor ^ to cofiitoeiiifQ PmceecfingtMbifttK* 

the proceedings, by matking a full statement of the fects, c®***. 

in pretence of the person complained of^ and specifying 

the law, whith he it supposed to have transgrese^/ 

whereupon the accused shall be asked, wiiether he 

pleads guilty or not guilty. In ease he pleads guilty^ 

l|i«^|Miiblic prMccutor shall immediately .maker bis claim, 

tQw|H4:h the.accjused shall be ajt liberty to makebis d<}» 

fence, and thereupon the court shall pronounce its cbcip 

lUOQ. But in case the accused pleads not guilty, or •. . 

refuses to answer, the public prosecutor shall give in the 

ham(;s of the witnesses he intends to produce in s^pppjrt 

of the charge. 

If the case be founded on a complaint, the person 

who has lodged the same, shall, in the first place^ relate 

all the circuiQstances relative thereto, and specify the 

pames of all the witnet^ses who can give evidence there- 
in, in addition to those already named by the public 

prosecutor. Whereupon the witnesses named by the 

public prosecutor, and the complainant, shall give their 

depositions separately, and be <iross-examined by the- 

accused, if be shall think fit so to do ; after which, th^ 

accused shall make his defence, and specify the names 

Itif the wrtnesses in his favour, who shall likewise give 

their depositions separately, and be subject to cross* 

examination, by the public prosecutor and the com* 

pbinant. On the production of witnesses, not called oti 

by the requisition above-mentioned, the noode pre- 
scribed in the 41st article is to be observed* 

Art. 110. — The court and the public prosecutor are Right a( die eotrt 
at liberty to put such questions, both to the complain- and prowcotor to later* 
ant and witnesses, as they may think fit. But they are "^8«te. 
hot at liberty to put any other questions to the accused, 
than that of guilty, or not guilty; save such as may 
tend to illustrate his defence ; but to these as wel! as to . 

the preceding questioi^s, he sfeill be allowed, saving the 
respect due to the court aadrpublic prosecutor, to de- 
cline answering. 



the 



274 4pWjrpiK»i 

Wltnets^fto be twom Art, UL-^ After ikp witnes$ie& havp ^en «aC?x|tte4 
before gmng their evi- in what ca«e, and in regard to wbat persons, tb«jr;eyU 
d«n««' 4t:^e i^ i^equired, and prcjvipus ^o their being ^^J^'itte^ 

to give their depositions, they shall make oath JH c^urt, 
in. the presence ot the public prqsfecisUorr €>r person 
complained of, that in their depositions, they will (|e« 
ppse tnithy the whole ^tb» and lathing but the truths /' 

Duty of the prosecv- Art. 112. — ^The in^esttgattoti being coeipkite4y ifc#; 
tor aiid coart^on tlie public prosecutfxr !«• to m^e such, dei^u-atioiki OF, j^^aini 
ckMeofthepiMcediBgiw^^i^^ jjjg person complamed. of,, (or complaroant, if. 
thfsre be oneO a^ be shall deem proper^ and the pen>onf 
complained of, or the compjainantr buying ma4e b|^ 
d^eu€t to* this declaration or clsiiip,, the Court shall 
fMnmoonce its decision* . . , 

Cemplainnc to be Art, I t^.-^In Cases' ol comphmit^ the coMpkinant 
confidef«d es a private f^\i be considered as a-private pii«iee«lory wkjfict t^^ 
V^**^^^*^' ail tlie eome^ff^nces of the pvovettftiott. : . , - . 

On the first defiralt of Aht. 1 14. -^In ca9e the complainant ihall nof apjJMif 
• cooplMiMiitr the in court, on the day arid hour appointed, the case shalt 

and h?dMui**"'**ih^ f^ ^^^^^^ °^ ^^® '^'^' *"^ ^^^ complainant condemned 

jjj,!^ ***^ in the costs, which must be discharged, before he caii 

On the second, he |>e again admitted to britig forward his complaint, and in 

loses bis right of action, c^ase of a second default, he shall lose all right of actionf 

and shall pay the costs, and be condemned in all the costs. This, however^ 

shall not affect the right of the public prosecutor, to 

bring an action on the part of the crown, if he shbu-lrf 

think proper. ' i . t 

On effect of theneii' AftT. 115.-tUi case the person coi^plained ^ ^o^ 

appearance of the ac- not appear in cpurt, he shall be declared in.defaplt, and 

^''••d* fined five rix-doUars, and a secpnd reqgisition servwJ, 

calling upon him to appear^ within a period of not les^ 

than 24 hours, after the service of su<;h requisition ;^ap^ 

in case he shall not then appear, a second default sball 

be granted, and he shall be fined ten rix-dollars ; and 

the court shall, notwithstanding his absence, proceed tor 

the examination of the complainant, (if there be one,^' 

and the witnesses. And in case the person complained 

* of, shall not appear in court, to the third requisitit^n, ^ 

the public prosecutor shiill proceed to make his decla^ 

ration or claim, and the court shall pronouncef ^udgmeAt 

Ihereoru 

The Bon^appeanncc AiiT. Il6.—On any witness not making his appear- 
of witnesses. ance in court, Ueiaull shall be granted against him|;an4 

Ibe public prosecutor authorized to issue a second re*- . 
quisition, calling upon him to appear and give evidence. 



ftt hi» own expense; wkbin a period <X not leM iban ' 

twenty-fbar ivottrs, After the service of sneh requtsiflion, 
on pain of vniprisonment ; bttt'saviag bi$ rlghi u^ purg(e * , J 

lib finti default ' 

If he c|oesr not appear to> such second Veqi^nrtion, ^ 
dectore for iinprisonttient shall be granted, which shall be 
enforced after the' witness has' b^en bnce^ suh^Diianed t6 
comply therewith. 

.'AkT. 117. — In case any Witness shall refti&e to give \fituea9ea nrfnsihg to 
his evidencev a decree for imprisoniikent shatll be. issued give evidence subject to 
by tbe competent coort, and enforcedly thepoWic pro^ Hnpriwnnieut aod fioe.* 
secator ; aiuf in case he sbaU contintte to refuse^ after 
thirty diiys iibpk'itonhientv'he shall be fined one hondred 
rix-dbtlan, in fiaivour of tbe refbrmed church of the dis^ 
triet; ortbat of Cape l\>wn ) and in crise of Imability tA 
piy fldah'^nev' be sMU bb hnprisohed for the far^>ef 
space «f thiHy dtiys, and teitj^in siil^ect W any eWil 
cifMQ for daofia^t which tbe party ;Ooncerneil fn.ay eon- • . . ; 

sider faMnself entitied to on account of bis refusal. , . .1 

Aftt. I18.«— In either of the above cases, the investi^ The inTesHgatTon to 
inrtian Aall be eeeitmiled, in the abseuee of sach wit^ ^ p««*eded in, not- 
nesses; and if the evidence is suiRieieffyti the court shaU "^H^l^^f'I^^S^' ■*•" 
l^foeeed to pronounce judgment. 

Art. It9.-*>«lf the investigation of any case cannot In what cantc tli4 
be continued,' on account of a lawful absence of the co"^ n»y extend the 
parties or witnesses, tbe coun shall have the right td ^'"^ ^''''S^^*"^*^'^^^- 
grant f ach fbrHier terin for completing the mvestigation 
at ttay ttfem reasonable.* 

Aat. 1^6. — ^The investigation of a case, having been An inveatigation h«v. 
commenced before a commissioner or commissioners Ing *>««" commenced, U 
from the court of justice in Cape Town, or before the {J^j'^J^jJl^^^^ 
ianddrosts and commissioners of the board of landdrost or coMmWwMwl!**^"*' 
and heemraden in the country districts, shall be brought 
to a conclusion before them, although the term, for 
which they were appoipte4> n>ay l^ave elapsed. 

Art. 121. — ^The mode of proceeding in criminal casesy RefertncetoartTStli 
prescribed in the 78th, 79th, 80th, 81st, 82d, 83d, 84th, a»d «eq. 
aSib, 86th» 87tb, 98tb, 99ih, and 90tfa articles, in.re- 
^ai^to tbe continuation of Ibe proceedings, *-the record* - ^ 

mgof crirainfJ pro<^edipg9,-7the use of stamps,— «ttd 
^n entexing into cfflnpofifion, — shall also be observed iii 
tbe proceedings under this section; with this modifica- 
tion^ however, that in. thjs instance, brevity be particn- Brevity in iht ra- 
lariy attended to> ai[id all superfluity in the recordiag ^**'**** 
carefully avoided. . » 

t2 



2T€ AppendixB, 

InoMeofKisof«,th€ . Art* IfS.^-In all cases of seisures^ ni^® iQ c<^^e^ 

sentence to be forthwith quence of transgressions of the law, in regard to Uii 

tranMnitted to the le- ^j^^esty's customs, the secretary of the court, before 

^****'**^* which the case has been tried, shaH forthwith traiismii 

to the sequestrator, or his representatite, a copy of the 

sentence, in order that the goods, thereby confiscstetf, 

may be publicly sold, after having been twice advertised 

in the Gazette. .'" - 

. Siilet to be held by Aet. 123»-rAIl sales of confiscated goods shall be 

the sequestrator at the jj^jj |,y ^1,^ sequestrator, and if the seiaure or confisciU 

TbS There de'StST^ ^^" ^"^ ^•^*** P'^^^ '" consequence of a bieach of the 
' British navigation laws, the laws of his Majesty's cua^ 
toms, or the privileges of the Hon. East India Company, 
the goods shall be placed under the charge and adminis*^ 
tration of the collector or complrollei^ of die custens; 
and the sale held at the custom-house, unless abtokrfee 
necessity should require tfaeit^ being sold ebewhefe. - 

The net prooeedt to ART. 124. — When the purchase money becomes jwiy- 
Ij^ depoiitedm the I/Mn. able, the proceeds of the sale, after deducting the ex- 
1*^'*'^ penses, shall be placed in the Lohibard Bank, for the 

benefit of those, who, at the termijifttion of die ciue, 
shall be legally entitled thereto. 
. No practidoDer can Art. 125.— No practitioners shall be permitted to 
?PP*^!V****^**Pf*f®^"act, in the proceedings prescribed in this section; 1>ut 
'XCn fr!«^*^S^'' ^ »^c«a^« to defend his own cause in person, unleai 
prevented by indisposition, old age, or other legial impe* 
diments ; in which case, the couH, on.a special applica- 
tion from the accused, to that effect, accompaniiMi hy 
due proof of the existing impediment, shall be at liberty 
][ to allow him to employ an attorney. But in order to 

prevent the benevolent objects of this short mode of 
proceeding being eluded, such attorney shall be subject 
to the approval of the court. 

SECTION FOURTH. J 

Of Re-Ou^tion and Appeal. 

Cams which nmy be ART. I26.-^A11 cases, in which a definitive sentence 
brought to le-heanng. has been passed, by a Commissioner or cqrtimissionefs 
from the court of justice, may be brought to a re^h^r- 
Ing beibce the full court, in Cape Town; or, where a 
definitive sentence has been passed by the landdrost and 
commissioners from th6 board of landdrost and beem- 
raden, may be brought before the full board of the land- 
drost and heemraden of the respective country districts. 



ApPDMDlk B. 



til 



Thoie wUch ma j taot. 



Save and except in cases where sentence has been 
jiiosed by default, from which no re^hearing is aUowed, 
aiid also save as mentioned in the two succeeding 
articles. 

Art. 127. — No re-hearing before the full court shall 
be allowed, on sentences passed by two commissioners 
irom the same. 

a.) In case such sentence has been given on a com- 
plete confession, or 
" h.) In case the sentence does not impose a heavier 
penalty than one hundred rix-dotlars^ and the 
public prosecutor has not made claim to a larger 
sum. 

Art. 128.— No re^hearing before the full board o^ The iame contioued, 
I^ddrost and heemraden> or before the full cpurt o^ 
j,usti)ce« shall be allowed, on sentences passed by the 
landdrost and a commissioner, or by commissioners from 
the board of the landdrost and heemraden, or by a com- 
missioner of the court of justice, when the sentence 
does not impose a heavier fine than five-and-twenty rix- 
dollat^ and the public prosecutor has not made claim to 
a larger sum. 

Art, 129.— All other cases may be brought to a re- Rc-hearfug to lie be-* 
hearing before the court, whose commissioner or com- ^^^ ^ ^^^ '^^^ 
missioners have passed the sentences, under the follow- 
ing prescriptions and restrictions : 

AR;r. 130. — Notice of such re-hearing is to be lodged Notice is to be giveo* 
wiih the secretary of the court, within forty-eight hours ^^ depoah made, 
after the sentence has been pronounced, and a sum of 
five*and-twenty rix-doUars to be at the same time depo- 
sited ; which sum becomes forfeited, in case the sen- 
t^nqe be confirmed by the full court, or the re-hearing 
be not duly proceeded in ; and the re-hearing shall take 
place, oh the first court-day which shall happen after 
the expiration of three days from the day of passing the 
sentence. 

Art. 131. — In all cases, where the sentences do not In what case eicca* 
attach infamy, or where Uic efiect thereof can be re- tiop is not stopped, ligr.t 
iiioved by the final decision on the re-hearing, the sen-"'**'®®®^*^*'**'*"*' 
tences passed in the first instance, must be complied 
with l>efore the re-hearing takes place, except in cases 
where the sentence imposes a pecuniary fine of great, 
importance to the party condemned ; in which case, the 
court pronouncing the sentence, shall be at liberty to 
take satisfactory security for the amount. 



How tlH* risiii to re- ^ A*T, la^-r-Ii^ c«se $l»f ^loitice , of re-b^uuring |^ not 
bearing U for^ted. Ipdg^fd, or the ^9^ of. fivf -^wi^^weiajf riaf-doUwrs be not 
ciepofiiMt ^r tWcase 4)e bo| bjsoq^bt before the full court 
in due time, the right of re-bearing shall be forfeited^ 

Procc^diii|{p m re- AftT. 139^ — After the sumnoons, caUing upon the opi- 
1^"'%' po&ite party to attend at the re^audition, shajl have been 

put upon record, the appellant shall exhibit tathe court 
a copy of the records of the proceedings in the first 
instance, and cause the ground^, on which he considers 
hiimself aggrieved, to be, stated, verbaliyv by one of the 
praptitioners of the court ; upon which tl^e public prose- 
cut<M' or respondent shall make his reply, and state bis 
grounds for the confirmation of the sentence; where- 
upon the. re-hearing shall be closed, and sentence passed 
<>li the records of the proceedings in the first ibstance ; 
unless the court should think proper to allow or direct 
the parties to make a rejoinder and sur-rejbincler pre*- 
vious to passing sentence* 
No frtlier evMeticr fp Art. 134,— No Other documents or evidepce shall be 
bejj^ted, fhwi tl»»* adnvtted at the re-bearing, but those produced in the 
SZ^^e^^b^^^^ i"»Mince; unle«» by consent of the ci>urt, to be 

permission of the conrt ; given ou legal grounds. But such Consent ^haJ I not be 
(■lid in no case wkere it granted, in case it appears to the court, that the appeU 
c'loW have beeji ^jrevi- Jant or respondent, as the case may be, was aware of the 
•yslj produced.) existence of such documents of evidence, at the time of 

the investigation of the case in the first instatice, and 
bad an opportunity of informing the court thereof. 

To wiiat'c«»vt »« 1^ ' Art, 135. — An appeal is allowed from sentences bn 
P*^*****- tde perpetration of crimes and misdefneanours, passed by 

■ ff,) *The respective boards of the landdrost and heeii)- 
raden, to the commission of circuit, or the full 
court of justice, and 
^.) Froin definitive sentences of the commission of 
circuit, or the full Court of justice, to the right 
hon. the court of appeals. 
' But no appeal lies from sentence passed by default/ 
Limitiitioiis nnd ne- Art. 136, — Since all diflference between ejc^roonlwaiy 
^r^tSMis ow uppculs ^nii ordinary proceedings in criminal cases, established' by 
fli*ithe€imn«>fjM«iee. ,,j^ ^^^^^ Taw, is done away by the mode of proceeding, 
prescribed by this ordinance, the right of appeal, in cri- 
minal cases, shall likewise no longer depend on such 
difference; but henceforth the following prescriptions' 
shall be observed : 

(B.) *i'he condemned pei-son shall not be allowed to 
appeal from a sentence, involving public purtish^^ 
mcnt, which b^ been passed by the court of 



Appbndix B. tM 

jMCte«y ^r 'tli« lO M i iml iBcyp -of ^»e<iit, mmmm- ' 

j»l^e €Ofi/ei<Mf» of tbe «leliiH|«6Bit« 
' ^.) ^lyteDces not passed on a eompieic cot^r$momj am 

cJrri^ appenlable wfaen they mvolve detttk* 
€<) Notwithstanding' thtee- prescnptiont, the governor 

for the time being, shall be at liberty, tm the 

examkiation of sentences presented to him, for 

his^;^y in all criminal cases, without exception, 
..to giye s^ich legal orders and directions as the 

intere^ of ji^sticfs and the welfare gf tliis colony 

will require* 
.lid) t^o. appeal is allowed from sentences of the court 

of justice, or the commission of circuit, contain- 
ing less than public punishment; unless the ex- 
ecution of such sentences would attach infamy, 

or impose a penalty of one thousand rix-dollars; 
'in which latter case, however, the sentence given 

in the first instance must be complied with, or 

sufficient security for its amount given to the 
[' satisfaction of the court which pronounced the 

sentence appealed from, before the appeal be 

prosecuted, 

,:)A|iT«J37* — No appeal shall.be allowed, either to the The like from land- 
ciMVIliiissioQ of circuit, o^ the full court of justice, from ^^^^ •""* fc«««»*eo- 
s^lmnres. passed, by the landdrost and heemraden, in- 
4k:iing pMbbc punisho)ent, and passed on complete coth 
ftmm^ or not involving public punishment nor attaching 
infamy, npt exceeding a fine ofY/iree ktmdred rix-iiolhr^ 
where the public prosecutor has not extended his claim 
beyond that sum; saving, however, the competency 
given to the governor for the time being, as expressed 
in the preceding article, letter c. 

Ai^T, lS$f — In all cases, where this ordinance admits Appcds liefkon mii. 
qf ft rerbearing or appeal from a definitive sentence, the *®"^^^L^ . ^^*^^S 
same ehaU be admitted, in n;g»rd to sentences ijiven on ft^*M^iw«l deoiet 
peremptory exceptions* Respecting which, however, for impriioome&t, &c 
t)ie prescriptions contained in the 43d article of this 
ordnance* are to be observed. But no re-hearing or 
appeal shall be allowed from provisional decrees, for 
imprisonment, or summons for personal appearance, or 
from decrees for the sale of goods seized, which are of a 
perishable nature, or the value whereof might be 
absorbed, by the expenses which would follow from 
their remaining unsold, or fron^ other provisional de- 
crees, whiclktnay be amended by final sentence, and do 
not attach infacmy. ^ 



ISO ' A^efiNDiK: 1^ 

Appedt to theiigM Aiiv. l39«-^Tbe apprifat, ftom A ie^lefiee pattad 
hon. court of appeals^ by the court of imtice, or the cdMUMsrionoCcwttit, and 
lobe lodged iufitedajri. which, accofdiog to thift <miiMmc<^, fftmy b© Jbroughl be- 
fore the right h^oumhla the iroitrt of appeaU, is to lodge 
hb appeal within five, days from the passiDg the sei)teupe 
appeided from, thenceforth to conform to all orders and 
mguiadons already ettablished, or in future to be esti^ 
blished by the said right honourable court/ 

Sentence of cbst court ^^'^' ^^* — '^^ sentences of the right honourable 
definitive ; Mving the the court of appeals are definitive, without any furthcar 
right of the guvenior to appeal ; saving, however, the right of the governor for 
pMdoo or nfftpite. jj,^ ^jme being, to grant pardon, or postpone the execu- 

tion of the sentence, as heretofore. 

Appeals ffom land- Art. 141. — An appellant from a sentence of the re- 
drott and bermraden to spective boards of the landdrost and heemraden, which, 
be noted in five dajfs. {Recording 10 this ordinance, may be appealed from, must 
be bfouidit! ** *^*'"'* ^ ^^^^ ^^^^ appeal within five days, from the day such 
^ sentence is pronounced ; and if, at the time of noting 

such appeal, the period for the departure of the com- 
mission of circuit from Cape Town, has not been offici- 
ally notified, the board of landdrost and heemraden are, 
forthwith, to forward to the court of justice the records 
of the proceedings, on which the sentence appealed Irom 
has been passed, in order to obtain their directions, Yfhb^' 
ther the appeal is to be carried on before the ftdl court, 
or to lie over until the arrival of the conMai^sion of 
eircurt. 

Froceedinga on ap- AftT. 142. — In case the appeal is directed to hie car- 
Mai, tefore the court ^ j^jj ^^ before the full court, the appellant is, within the 

juttice. period to be prescribed by the court, to cause the grounds 

on which he conceived himself aggrieved, to be stated 
verbally by one of the practitioners; whereupon the 
public prosecutor, or his agent, shall reply thereto, and 
state his grounds for the confirmation of the sentence ; 
upoii which the case shall be closed, and sentence 
parsed oh the records, according to law. 

in case, however the appelltint should be (^evefited, 
by lawftil reasons, from stating his grievances at the sti- - 
pulated period, a prolongation shall foe gmnted. a 

The like before the ^j^t, 143.— If the case be referred to thfe commission 
conmiMMm of circuit ^f circuity the same mode of proceeding is to be ob- 
served, with' the difference only, that the day On whith 
the, appeal is to be heard shall be fixed by the com-. 
Hussion. 

No production of ART. 144.— The production of further documents andf 
IHnh evidcnoe allovrcd, evidence, not produced in the first instaiice, shall besub* 



Appendix & 281 

ject to ti^iame rules as tkose lakl down in the 134th.wU]ioiit speckl permU- 
aftrticle, in regard to re-hearing. •ion of the court. 

Art. 145. — Indepcmdtfnt" of these' regulations, the Right of the coHrt «l 
court appealed to shall be authorized to order such fur- qtiem to order further 
ther proceedings or the production 6T such further do- proceedings, &c. 
cuments, as the discovery of truth, — the protection of 
innocence^ — and the adrainistration of equal and impar- 
tial justice shall require. 

Art. 146.— Finally, it is hereby declared, that the i^^,^ regulations, &c. 
lavs, proclamations, and regulations after-mentioned, hereby annulled, 
shall henceforth be null and void, so far as the same re- 
late to crimes and misdemeanours, and have been hereby 
partly or wholly altered or ihrtdified, to wit: — 
a.) Tiie ordinanee on the mode of . proceeding in cri- 
minal cases, dated the 9th of July, 1750. 
b.J The ordinance on the government of the country 

districts, dated the 24th of October, 1805. 
c.) The proclamation, relative to the commission of 

circuit, dated the l6th of May, 1811. 
d,J The proclamation in regard to witnesses and the 

removalof prisoners, dated the 3d of Septem- 
ber, 1813. 
ej The proclamation, respecting the proceedings in 

ppei» court, dated the 25th of Sepiembtn-, 18r3. 

f,J The proclamation, respecting tlie mode of pro- 

, ceeding, in regard to seizures eihJ confiscaiicms, 

and the sale thereof, dated the Slst of October, 
. ... ' 1814. 
£r,J The proclamation, respecting the jurisdiction of 

the respective boards of the landdrost and heem- 

rodep, in criminal ca9e9y dated the 18th of July, 

1817, 
h.) The proclamation, respecting master, servants, ^ 

and apprentices, dated the 26th of June, 1818. 
1.^ The proclamation, relative to appeals in criminal 

cases, dated the 26ih of August, 1818, — And 
i.J The proclamation^ in regard to defaulters, dated 

the 1st of January, 18 19. 

And in order thai no person ni|iy pkad ignpiiance 
herooif tbtse ppescmts ^hall be published as usual. . ^ 

Thus done, and decreed in tJbe court of justice, at Ihe. ' ' 
C^e; of Good Hope, the 2d day of September, I819, 
and published the 4th day of December following. 

(Signed) J. A. Trutbr, Chief Justice. 

By order of the chief justice and uiembers of the courts 
(Signed) D. F. Be^rranojb, S«:iyetary. 

Fiat, 
(Signed) Charles IIeitry Somerset. 



( «» )' 

APPENDIX a 



INSTRUCTIONS 

For the Sequestrator, and other Functionaries of his De- 
partment} containing Hhe'^ise, an Ordirumcefor IhejutR- 
cial Administration of Estates, and for the Execution of 
Civil Sentences. 

CHAPTER I. 
GENERAL REGULATIONS. 

Art. 1. — ^The judicial regtilation and administration of insol- 
vent and other estates, as well as the execution of civil sentences, 
which has hitherto been vested with the chamber for Regulating 
insdvent estates, shall, in future, be effected by a Sequestrator^ 
assisted by a Cashier ^ who is at the same time to act as Assistant 
Sequestrator; a H^ad Clerk, a Book-keeper, three Ordinary Clerks, 
and two Messengers. 

2. The duties of the sequestrator shall be carried on under the 
immediate superintendance of the court of justice, whose ordinary 
assembly he shall be bbliged to attend, and make a written report 
of all his proceedings since the last cou'it day. 

3. All the monies received by the sequestrator, shall immedi* 
ately be paid into the discount bank, and all payments to be made 
by the sequestrator, shall be ^oneby draft or check, signed by the 
cashier and assistant sequestrator, on the bank, with which It nm^ 
ping cash account is to be kept. • 

4. The sequestrator; assisted by the 'head dett, shall keep a 
)day-book, in which all the daily transactions of the sequestiator^s 
department shall be entered. 

5- This day-book, together with the <^dsh-book, and cash ac- 
count with the bank, duly made up to the date in which thecotttt 
assemble, shall be exhibited by the sequestrator every otdimaiy 
court day, ih order to be examined by every member of' the court. 

6. The sequestrator, assistant sequestrator, or head clerk, shall 
be present at all public sales, for the same purpose as tliey weie 
attended, during the existence of the chamber lor regiilating insole 
vent estates, by ene or more €»f its members; whUe, ^ lfae*]-est, 
jthe sales shall be held in the usual manner,-by ra vendue clerk^ and 
one of the messengers, a& auctioneer. 

7. All inventoriciB shall betaken in p^sence of the^equestrator, 
or the assistant seq^straimr, on which oeca^sion the head ckrii > 
shall act in the^wae capacity as the secretary of the chamber hsa • 
hitherto done. 



#, The books of the iulmiiiisU«|tion of tbif departaMOMWU W 
regularly closed at the expiration of every year, and a general 
statement made out from the same, which, being sisned' by the 
sequestrator, assistant sequestratcH: and book-keeper^ c^all be Ui4 
before the court of justice, and by the court forwarded to4he |^ 
Ycmor, for the time being, w^h such remarks thereon as the coudi 
may deem necessary, 

9. The following shall belong to the departinent of the sequel^ 
trator: 

1st, The estates of all those who, in consequence of inability t» 
pay their creditors, fire obliged to stop payment. 

^d, An unadministered estates, with the exception, however, of 
those the administration of which is charged lo. the orphaa 
chamber, by its instructions or other special law. 

3d, The estates of those whose persons and properties may have 
. been placed under curatorship, or any other connnissioB, by 
. the court of justice, unless there may exist Buffij^ent reaflont 
for some other provision. 

4th^ And ^ally, the carrying into effect all civil seatencfss pro* 
noimced by any of the courts of law in this colony, with tho 
exception of those only, the execution of which is vested with 
the boards of l^ddrost and heemraden, by the 5Sd and $4th 
Article^ of the Proclamation of the l6th May, 18U« 

10. The court of justice shall be at liberty, at the request of th^ 
majority of the creditors of an insolvent estate, or ex i^ffieio^ 
deeming such necessary, to appoint one or more of the prinoipul 
cmdi^rs to act, in conjunction with the sequestrator^ as cucmiora 
iox the interest of the joint creditors. 

■11^ The sequestrator and assistant sequestralor shall ^e aood 
wbA sufficient security for the due and faithful performanee ^ aU 
their duties, the former in a sum of fifteen, and the latter in a sum 
of tea thousand rix-dollars» in order to recover therefrom all sqcb 
damage and loss, as may accrue to the interested patties by their 
administration, either through wilful impropriety or negject; 

,1% in the chai^gjng of fees and other costs, the sequestrator ia 
t^be regiulateid by the tariff annexeid to these instractions, of whMi 
^f^py istobe hung up in hisoiice, for the information fMid 9ii4« 
apf)e of all those whom it may concern. 

• CHAPTER II. 

^/If/U9hmty Vfiadft Mi tt re d, and inker SttmesiMoftgmg^totke 
DffmrtmentsftkeSi^ittator. 

., )3. .When ^^y person be so situated as to be unable to pay hh 
creditors, and that he produces sufficient proof of his* inability to 
fi^y, thcfeqties^r^tpr ml^ a( |iis request^ take. his. estate under 



M4 APPENDIX' O. 

teqteslnitioii, for the purpose hereafter pre«:ribed by the followmg 
afflickt. 

14. The same shall take place when more than one sentence 
is lo be executed against the debtor, and that the debtor's estate 
appears to the «equestrator to be insufficient to satisfy all execu- 
tions* brought against him ; while, in such cases, the estate shall 
be put under sequestration, without any application from the 
^•bUnr or creditors. 

15. In like manner, after a person's decease, when the hein^ 
whether tx ieUamcnto or ab iniestato, may not deem proper to enter 
on the estate smiplkker^ or under the benefit of an inventory, nor 
to arail themselves of the right of deliberation, such estates shall 
W put under sequestration in the above-mentioned manner, on the 
application of one or more of the creditors, producing sufficient* 
vouchers of the validity of their claims, and after examination, if 
necessary, in presence of a commissioner from the court of justice, 
of the persons belonging to the house or estate of the deceased. 

16. When an assignment of property (cesiio bonorum) has been 
gnmted to any one by the court of justice, the estate of the assigner 
%ail be entered upon as insolvent by the sequestrator, and by him 
administered and brought to a settlement. 

• 17. The same shall be observed with respect to estates of de- 
ceased persons, which may be delivered over as insolvent by the 
orphan chamber ; as also with regard to such estates as may be 
repudiated by the legal heirs or executors : while such heirs or 
executors are hereby specially ordered to give due notice thereof 
lo the sequestrator, exhibiting an authentic copy of the act of re- 
pudiation executed by them, and this within fourteen days after 
ttie passh^ of such act ; otherwise the repudiation shall be consi- 
dered as not having been made, and no judgment given thereon in 
any case. 

18. As soon as an estate be put under sequestration, or entered- 
upon as insolvent, the sequestrator, assbted by the head derk, 
shall repair to the house of the debtor, or where the estate may 
otherwise be, and there immediately seal the chests, desks, office, 
and whatever dse may be deemed necessary, as also place the 
books and papers in security; and further, in case it may be con* 
sidered requisite, deliver over Uie estate into the charge of the 
m^senger, or some other person duly authorised thereto ; of all 
which the sequestrator shall make report forthwith to the chief 
justice. 

19. This chlurge of the estate sbaU, however, be succeed^, as 
soon as possible, by such measures, either under security for the 
re-delivery of the goods belonging to Uie estate, or otherwise^ as 
may be most conducive to the preservation of the estate in the 
least possible expensive manner. 

Should the house where the estate he^ be uninhabited, jon 



Af FBN0fX €K 

ftbsndmwd by the debtor, the duurge of the ftam^ sheli hdtfbly 
given to a messenger; but shall, after the books, papersv and •ulii 
&cts of value be properly secured, be judicially locked up byfth«t 
se<}iiestrator. ^ 

20. Should any person conceive to have grounds to oppose^ thtt 
td[ing po^ession of the estinte, he is to address himsdrby mcftM 
rkl to the t^ourt of justice, exhibiting such vouchers as can tehd tit 
prove the grounds of his opposition; which memorial, with^tiiS 
do^uraents annexed, shall be refenred' to the sequestrator, for his 
mnarics, should he have any, and who having made his repoii 
itk writing, the court shall decide thereon, according to thexitfemH 
stance^ c^ the case. . .; 

The sealing being once commenced by the sequestrator, tkmU 
nevertheless be proceeded in, with as^tabce, in case of lorcili^ 
opposition, from the fiscaFs office ; white^ in this case the costfr ot 
the sealing shall be defrayed by theoppcments, who shall moreoivet 
be punished according to the exigencies of the case.* ' i 

' SI. One of the priiicipal duties of the sequestraliH- is to cause an 
inventory to be immediately made, in his presence, of the estate; 
by the head clerk and the messenger, which being' completed; 
shall be signed, under offer of oath, by the debtor, or by those 
found in the estate, who have made the return of the efi^cts ; and 
as soon as the sequestrator may discover any thing further be« 
lotigtng to the estate, the same shaU be immediately add^ to the 
invaito^. . . • 

22. The sequestrator shall be obliged, with the previous kDOW"* 
ledge of the chief justice, or should it be deemed exp^ient by ike 
same, on the authority of the foil court, after due investi^ition, 
Ibrdiwith to convert into money all perishable articles; aikl fuct 
ther, to collect, through the messen^r, as far as possiUe, aU ^e 
outstanding debts ; all of which monies shall be dealt with as pie^ 
scribed in Article 3. 

23* As soon as an estate be put under sequestration, or entered 
upbttus insolvent, all executions against the same i^all imoaedfi 
atelv cease, and all pending proceedings, which from their natilve 
ou^ to be continued for the benefit of the estate, shall be furtke* 
carried on by the sequestrator ; but such, the prosecution of wlach 
may not appear advisable to him, after taking legal advice, aMl 
be terminated with ev^y pcMsible dispatch, either by arbitra^n 
or in some other convenient manner. i 

24. Should any doubt exist as to the legality of any claitt, 
eith^ in fovour of or against the debtor^ the sequestrator shell be 
at liberty, in order to prevent expensive- proceedings, and facili* 
' tate the speedy settleitent of the estate, to bring such case to die 
cognisance of the ^tting Commissioner of the court of jusdce, 
who, after a summary investigation, and should there l^pear ho 
reason i!»4he contrary, if necessary on oath, of one of. the partieti 



shmlt decide the buaiftess : resmingy boir^ver, to th^ {hurty cast^ 
tkt iip;ht of mppeal to the full court, shonldthe amoimt in which 
ht Im- condemned exceed (hrtc hmdnd r^d^Uofs^ Copt cutfenc^i 

%i. When a debtor, whose estate has been put under seqoes- 
tntioa, wishes to enter into wk mmmgeineBt with hbcreditfors^ the 
MitMr :shalll)e obliged^ within eight days after the se^e^radon; 
ilkivld be feside in town, or in the country witkm a rtasoiiaUe 
tkbe, according to the distance of \k\w residence, tc^ deHi^r in tof 
M feqiiestratorl;he'pr6posal» or plan fer soeharraagemient, whe^ 
4wc already accepted and si^acd by any of hisi cimters 4^r not^ 
tegtlher with a list of all th^ w4o have not signed; specifying 
their names, places of abode, amount of their ckams, as alsorUie 
naa K fl .t)f the bail who hare become security or tlie debtor, and the 
paww «r mortgage pledged for the debt. 

i& He shell also be oUiged, under the direction of the teqiie^ 
trator, to make out a regidar and exact account and balance of hli 
estate, with a faithful statement of the debts due by and to the 
nmw, if necessary, nn^^ offer of oath, ^^ That such is a Ibll knd 
^ traeaetJotintand balance; and that he is actually indebted the 
^^wm stated th^ran, and that he has Dot mmUfUe daoceakd the 
^ names of any of his creditors;" which account and balance, to^ 
gfdier widi the papers of the estate, shall be delivelred over l!o th^ 
sequestrator. 

Vf\ Tfte do^mfnents mentioned in the 3ith and dftb Articie^ 
being delivered to the sequestrator, he shall examine them withoiit 
May, m order to see whether or not ibe debtor should be allowed 
td make such proposal to his creditors, which shall not be the cs^e^ 
siKHild St appear to the semiestrator, that the estate is so much 
loaded with preferent d^ftbts, that after the payment thereof, littk or 
Bothjng would remain to be distributed among the concurrent 
cieditors 5 and in general, when there is a probability that the pro- 
posals will not be accepted by his creditors, or that the debtor 
wiH not be able to fulfil them^ also not, when the debtor, either by 
keemng back or concealing of property, by «tai^^e secreting 
boeics, papers, or outstanding debts, by wilfully concealing the 
MMttes of any creditor, by secretly benefiting one above the other^ 
or by any other indirect or culpable conduct, shall be found Qn<» 
worthy of such indulgence. ' 

88; When a debtor hHiS been refused by the sequestrator to 
make a proposal to bis creditors, he shall be at liberty, should he 
coiiceiye himself aggrieved thereby, to memorial the court of jus- 
tice, within three days after such refusal, when the court, having 
previously heard the report of the sequestrator, will decide accord^ 
mg tb the circumstance of the case* But should the sequestrator 
agree to an arrangement with the creditors, Uie proposals, togedier 
with the documents mentioned in the !25th and 26th Articles, shall 
remain for a reasonable time, in proportion' to the distimce of the 



crediton', plaices pf ^abode, in tjie 8eqpeser»tpr> 0%et Q^ &m^ 
other convenient place, for their inspectioa and sigpatur^, axi4, wh9^ 
sbaUibe a| li|)erty, at their own ejt^pense, to take ^tracts, oi" co|pies 
of the san^ie; of, which ^ue notice shall be given ia two &u^e4^i)(e^ 
gazettes. 

2p. A creditor rcfuiilng to sign the proposed ai range n^entj the 
bail, provided he or tbey havcpsiLd the creditor thcsiiru for wUich 
they were security, shall be coiisidered as cTcditors m tbc place of 
the priglnal creditor, and for the same amount, and as^ ^uch allowed 
to sign ttie proposaU ; but a creditor having soigne d himself, shall 
not come upon the bail for any farther sum than be bas a right 
to, by virtue of such arrangement with llie debtor ; neither shalf 
be have any further claim on the pawn or mortgage which Las 
been pledged for the debt, than for that amount to which be is en- 
titled by his agreement with the debtor* 

30- What is prescribed in the Jive preceding Articles, aball 
be. likewise observed in such cases as are mentioned in Article 1i^ 
when the heirs of the estate under sequestratiQn be v^illipg tp entei: 
into an arrangement with the creditors, and.who,, in such casfW 
shall be considered. in sq far as the representatives of the depef^f4• 
jdebton And that the heirs pf such estate may not be ignorant of 
its beu^ under sequestration, the sequestrator^, shall be obliged, a^ 
soon as the estate be delivered into his charge, to se^^.^ritte^ 
iiotice thereof to the hou^ of the kuown heirs^and if the bi^ir^ l^ 
abroad, by letter; or ii" unknown, by advertisement in the^ga^^tt^p^ 
unless, should the heirs be absent or Abroad, the sequestratop may 
think it more, advantageous for the estate ip act otherwise i,io 
which case the court of justice, on .application from the seques^ 
trator, will inakesuch disposition respecting the esta^as the cirr 
cumstances of the case may require, 

31. it shall be the sequestrator's duty, during the time tha^t 
the proposals and documents mentioned ^n Article 26, remain fpf 
the inspection of credjtors, to use every endei^vqm: to i^d^c6. tk^ta 
to aiccept of the proposed terms* After th^ expiration pf the tin^ 
prescribed, the creditors who have not yet sigped, shall be sumr 
moned by written notice sen^ to their houses, pri^qa^e of beiog 
abrosffl, by letters, and als6 by advertisement in the gazette, .to 
appear either personally or by proxy, at the sequestratp];'8 office, 
on a certain fixed day, who is then to hear them f and, if pos^^^ 
induce them to accept of the proposals. While those thus call^ 
upon, who do not appear^, shall be considered as hatving acceded 
to the terms proposed* ■ ] 

3i. The sequestrator shall be at liberty, should it be proposed 
by one or more of the creditors, and considered eligible by bim„ 
to oblige the joint credltprs, or one or more of them, to make oath 
that they have not, entered into any other agreement with tl^ 
debtpr, nor tl>at one of them has been favoured above the other ^ 



and alsb that th^ are fecmo JIde creditors tdthd amotii^t sp^cifieS 
in tbc proposals, or dahttcd- by them. ^ .. j v>. > 

53. Afber thH meetirig, a list shall be made out of the clUlthS 
ofthose creditors who baie not signed in snch mami^,l^at th^ 
p«ierent debts be, kept separate from the concurrent ones; ' ;'*'^ 

When die claims of the concurrent creditors, who hav^ not ac- 
ceded to the proposals, amount tocetber to 5 per cent, or thi^ 
Hfentkik part of the whole amount of the debts, the proposab sihall 
be dedaivd as annulled, even should the amount of ' the detftdfii 
estate be found flilly sufficient to make suich payment. ' "' 

But when bodi the preferent and concurrent claims of the cre- 
ditors, who hare not acceded to the proposals, agreeably tW th4 
abo?e regulations, do not amount to the sum required fbr annulling 
lii^ proposab, the proposed arrarigiement shdl be tberi declared as 
duly effected. * - . . 

54. When the arrangement be concluded, the same, should 
diere exist no reason to the contrary, shall be approved of by Ae 
court of justice ; for which purpose, the sequestrator shall trahiU 
mit to the court the necessary written proposals, annexing therein 
all the papers in his possession relative to the estate. 

35. The effect of an arrangement so concluded, is, tHat.tllAr 
«tliie shall be immediately released from sequestration, on pay- 
ment of the costs incurred ; of which a regular act shall be fortned 
and lodged iii the secjuestrator's office, m order to the estate being 
ih«i given up to the interested parties. *^ 

The debtor shall, in such case, be obliged first to pay to tfie pref- 
fercnt creditors, who have not signed or acceded to the arratt^- 
ment, the full amount of their claims, and afterwards those of the 
xKber creditors, in the same manner prescribed in the arrange- 
ment: reserving, however, to such concurreht creditors as bale 
'ttot signed, after payment be made by the debtor, their right to 
come upon the bail for the deficiency. ' 

36. The agreement entered into shall not aflect those creditors 
who do not appear on the list, and consequently who havo 
not been summoned, provided they declare, on oath, that they 
were not informed in time of the sequestration of the estate, and 
proposals for arrangement, and that the contrary cannot be proved'. 

37. The debtor failing to comply strictly with the agreement 
^mtetvd into, and this appearing to the sequestrator ; Or when tht 
ddbtor, even after effecting the arrangement by any indirect or 
faithless conduct, as mentioned in Article l?7, may be found un- 
worthy of the privilege of compromising with his creditor?, thfc 
estate shall immediatdy be re-taken possession of by the seques- 
trator, and declared insolvent. 

38. The same shall have place when the debtor himself declared, 
on the sequestrator's entering on the administration of bis estate, 
it to be his wish that the same should be administered as insolvent ; 



A>BENDIX C. 28* 

IHT %lii^ no MTaiiietoent has been proposed mithia the time pre^ 
scribed in Article 25, or proposals being made, refused by tbei 
s^questralor, for the reaaons roentioiied in Article 27 ; or iVhen 
tite. proposed arran^ment is not agreed to. While in ail casea 
mentioned in this and the preceding article, the estate shall imnie^ 
diately be administered as insolvent, and brought to a settlement 
a3 speedily as possible, by the sequestrator. 
• .39« From the moment that an estate is declared insolvent, tlie' 
sequestrator shall, be^ considered as in the full possession and ad^ 
mini^tration of the same; and from that moment also, all co-* 
direction of a debtor, whose estate was under sequestration, shall 
enljrely.cea^. 

. 40. As soon as an estate is declared insolvent, the seqtiestrator 
shall advertise it in the Gassette, at the same time prescribing t6 tho 
creditors a period of six weeks ; within which they are to.traai*^ 
^t their claims to the sequestrator's ofiice for registration, ac-* 
cpmpanied with the necessary vouchers of the l^^ality thereof, on 
pjun of deprivation of their rig^ ; but should the known or sup^ 
(bsed creditoiis be absent, or abroad, this term shall be extended 
according to the circumstances, and at the same time notice hereol 
^ven them in the. best possible manner. 

. Creditors, i^hp, after tbe expiration of the prescribed time, buft 
previous to the dividend of the estate, may bring in their claims; 
^all forfeit all right of action against the estate, unless they> can 
pi^ve, and, if required, make oath, that they were ignorant of the 
iQsolv^ncy, or of the. advertisement in the Gaz.ette, and prevented 
by legal reasons from giving in their claims, within the period pre- 
scribed I but the estate. being once distributed, they shall fisneit 
all right againsteither the estate or the other creditors. Further, 
the publication of 4th September, 1 805, respecting transfers, ces^ 
^pns, pledges, and other securities, entered into b]^ the debtor 
within twenty-eight days previous to the insolvency, is to be com 
sidered as if it were here inserted. ' 

^ 41. The sequestrator shall, as speedy as possible, collect in the 
outstanding debts ; and the landed and movable property belong-^ 
ingto the estate shall be sold by public sale, after bemg advert 
tized in Uie Gazette, agreeably to the usage her^ and the proceeds 
of the sales, as well as the debts collected, dealt with as directed 
by the 3d Art. From this sale, however, shall be specially eiot 
^epted the daily wearing apparel of the debtor and his family, the 
bedsteads and bedding which they sleep cm, and which they re« 
quire, together with the necessary household furniture ; and should 
the debtor, or any of his family, exercise any trade 'or handle 
craft for their subsistence, in such case, the requisite tools thereto ; 
of all which, a list shall be made out and deposited in the seques^ 
trator*s office, who^ in this respect, is to act entirely according to. 



2»0 AfpekpixC 

the Gircumstances of the ca«^, keeping in view the situatioa in 
life, and age of the debtor. 

42« As soon as the sequestrator has adranced so far in the ad- 
miDistratioD and settlement of an estate, that he can ascertaia the 
amooot of iu value, be shall make o|it an exact account and 
balance of the same, containing the proceeds of the sales, both of 
the landed and movable property, together with the debts already 
collected or still outstanding, and every thing else appertaining te 
the estate, as also all debts due by the same ; of which account,* 
the sequestrator shall lay before the court a copy, signed by htm; 
on the next ensuing court-day. 

43. The proceeds of the estate shall be distributed, first to the 
preferent creditors, iii the order in which they respectively suc- 
ceed, apd then the remainder among the concurrent creditors, by 
dividend ; for which purpose, the sequestrator, after having madle 
out an account of the estate, shall form a plan of distrihutioiyy 
containing first the preferent debts, agreeably to the above-men-^ 
tipned order, and should any balance remain for the concurrenf 
creditors, then the manner in which such ought to be divide<l 
amongst them. 

44. The plan of distribution being made out, shall remain, to^ 
gether v^th the account and papers of the estate, in the sequestra- 
tor's office, for the space of fourteen days, or longer, according td 
the distance of the residence of the creditors, ^r their inspection; 
and who shall be at liberty to take copies or extracts Irom tlid 
tame, at their own expense ; of all which the sequestrator is t6 
give timely notice by advertisement in the Gazette. 

45. The creditors shall be at liberty, in so far as the interest of 
their claims may require, to take their remarks ia writing against 
the plan of distribution, within the above-mentioned period. Also, 
should the creditors conceive themselves injured in their rights by 
the plan of preference and concurrence, they shall be at liberty, 
within the said period, to institute proceedings against the seques- 
trator before the court of justice, for such purpose as they may 
deem advisable ; in which case, the suit shall be terminated with 
all possible despatch, either de piano before the sitting commis^ 
sioner, or before the full court, by weekly terms. But the above- 
mentioned time being expired, no remarks will be received from 
the creditors, nor any proceedings respecting preference or coD- 
currence allowed them. 

4$. After the expiration of the period prescribed by Art. 44, 
the plan of preference and concurrence, with the account and ba- 
lance, and further papers, relative both to the estate and to the 
verification of the several claims ; as also, the remarks sent in by 
the^rediiMTs, shall be forwarded by the sequestrator to the court of 
jus^ce, together with a schedule of all these documents, duly let^ 
tered and numbered. 



APPENDIX G. 291 

47. The "business being in this naanner brought to the cogni- 
zance of the court of justice, the documents sent in by the sequel 
trat6r, as also, in case of any action being instituted by the 
creditors respecting thfe preference and concurrence, the dixru- 
ments appertaining to such action, after the proceedings therein 
"^shall have been closed, shall, as speedily as possible, be made a 
subject 6f deliberation by the court, which shall decide and civfe 
judgment on the right of preference and concurrence, according 
to the circumstances of the cascf. 

48. This sentencfe of preference and concurrence being given 
and pronounced, the sequestrator must wait ten days after tbe 
promulgation. Which having expired without an appeal being 
noted by any of the creditors against the same, he is to apply to 
the secretary of the court, from whom he will then receive back 
the papers, with the sentence, and thereupon immediately proceed 
to make the paymehts, agreeably to the manner prescribed 
thereby. The creditors, on receiving the sums allotted lo them, 
«hall not be bound t6 give any security for the restitution thereof^ 
"but should an appeal against the sentence of preference and con- 
currence be made by any of the creditors, trie payment shall be 
only provisional, and saving the appeal, in which case the credi- 
tors shall be obliged to give security de restituendo, 

49. [n order to give all possible celerity to the settlement of 
estates, the sequestrator shall have the right to give in payment t6 
the creditors, instead of cash, such actions or claims belonging ib 
the debtor as could not yet be collected, of equal value and secii- 
rity however as cash, and which can be considered as such. 

50. The proceeds of all small estates not exceeding the sum of 
four hundred rix-dollars, after deduction of the expenses, shall be 
divided, without any form of jprbcess, by the sequestrator, among 
the creditors. 

For this purpose, the known and Unknown creditors must be 
summoned by messages, letters, or advertisement in the Gazette, 
n month before, or longer, should circumstances requite, to ap- 
pear on a certain day at the office of the sequestrator, who,' hav- 
ing heafd the parties, will, in case of dispute respecting the pre- 
ference and concurrence, decide immediately, and de pldnb^ 
wherefVoth rto appeal will be allowed ; oti which the dividend 
shall be forthwith made, agreeably to the decision of the sequel 
trator. 

51. Shduld it appear to the sequestrator, previous to the sen- 
tence of preference and concurrence being given, that the estate 
is sufficient fbr the payment of one ot more nbtorious preferent 
debts, and that he i& enabled to pay these debts, either from the 
monies already collected, or from the outstanding liquid claims, 
which, is pOisses^ing a fixed and prescribed value, can be ^ivcn to 
the p/eferent creditors, instead of cash, he shall be obliged to 

u 2 



^2d2 Appendix G. 

tender to soch'Credilors the provkioiial pay»eiit of their demttt^^ 
.however under security de restitwrnio ; aod in case of refusal tr 
accept the tendered payment, such creditors shall not be allowed 
.to charge any interest to the insoWest estate, from the day of 
their refusal. 

In like manner, the prefercnt creditors, seeing that the aroooni 
of the estate is sufficieut, after deduction of the more prefearail 
debts, to pay their claims, and being able, suimnarUy,. to prove ife, 
they may apply, by memorial, to the court of Justice, praying; 
that the sequestrator be anthoriied to pay their claims, in manner 
and under the conditions above-mentioned, which memorial being 
refenred to the sequestrator, and he having reported thereon, tb^ 
.court will decide on the same, as the exigencies ef the caae may 
require. 

62. All insolvent and other estates, the adrnwistracion and setf 
tlcment of which are charged to the sequestrator, by these instruc- 
tions, saving the provisional payment of notorious preferaiit debts, 
as prescribed in the preceding article, shall be brought to* a iaal 
settlement, in Cape Town and the Cape district, within six 
jnonths ; in the districts of Stellenbosch and Tdbagh, within nin^ 
months ; and in the other country districts, within tweWe months 
from the day of the sale. ^ 

And in case any legal caus^ may prevent. the strict observance 
hereof, the sequestrator is to give due notice of the same in }^ 
written weekly report to the court of justice, in order that such 
provision may be made therein, as the circumstances of the case 
may require. 

53. When the sentence of preference and concurrence shall 
have obtained the fiurcc of a definitive judgment, by no appeal 
having been made by any of the creditors, within the ten days 
prescribed by law, the debtor shall be at liberty to address the 
.court of justice by memorial^ for an act of rehabilitation, provided 
that he has, in every respect, acted honestly and uprightly, and 
that he, neither before nor after his. insolvency, has been guilty of 
any of the misdemeanours or indirect conduct mentioned in Ar- 
ticle 27; which he must prove to the. court, by annexing to hi» 
memorial ,^ a declaration, signed by a majority of his creditors^^ 
making more than half of the amount of the debts and of Uie 
number of his creditors, as also by the sequestrator. 

This memorial being received by the court, shall be referred to- 
the sitting commissioner, who is thereupon to summon and hear 
. the creditors who have not signed, and should he deem^ it neces- 
sary, cause the debtor tp make oath, * That he has otoined the 

• declaration of his' creditors, annexed tb his memorial, without 

• craft or frauds and without having bribed any of them, directly 

• or indirectly .'^ On which the commissioner having made hiv 
report, the court will finally dispqse on the mcmorral. 



At>F£NDIxC. 293 

' *S4. When this 'i«({iiest of the debtor be cbrnfilied^ivith, on «ct 
^all be prepared Itt the secretary's office of the court of justice, 
stating : — ^ Thai the debtor, bo)b previous and Bubse<juent to his 

* insolvency, acted, in eveiv tespect, as an honest, and upright 

* man ; — that he is, tbererore, worthy the privileges granted by 
*r this ordinance to sudi debtors, consisting herein ; Uiat he is fully 
^ discharged and acquitted from tM the cUitns of his creditors, 
^ excepting what has been adjudged them by Che sentence of pre- 
*' fevwioe and concurrence ; and that lie may trade and negociate 

* as before, and which privileges are granted to him by thiS' public 
^ act, accordingly.* This act shall i^ ratified' by the signature of 
the chief justice, and of the secretary of the court, in the usual 
manner^ and the great seat of the court aftxed thereto. And that 
no person may plead ignorance thereof, it shall be published and 
affixed, as cHistomnry. 

* 56. Every thing above prescribed respecting sequestrated and 
insolvent estates, shall also be observed, in so far as the nature of 
"^ ease will allow, with regard to other estates or property, 
which, although solvent^ must be administered and brought • to a 
leltlement by the sequestrator, in which administraticm he must 
aet conformably to the laws and usages in observance here, on 
this head. 

66. The following are to be considered as the estates and pro^ 
perties meant by the preceding Article : — * 

§ a. The estates of lunatics and spendthrifts, which are placed 
in the hands of trustees (curators,) by decree of the court of 
justice. The court is, however, at liberty, in particular 
cases, and should there exist sufficient reasons thereto, lo 
appoint other trustees over such persons, and their effects. 

^ b. The estates of those who, in consequence of a criminid 
accusation, are detained in custody, or imprisoned ^rcriroe, 
unless they may have provided for the administration of their 
property themselves. Likewise, the estates of those who 
have laid violent hands on themselves, and who are^ there-, 
fore, subject to penal law ; such estates, however, to be im- 
mediately given up to those who can prove their just right 
thereto. 
' § c. The estates of all persons dying in this colony, whose 
heirs are minors, or abroad, should no provision be made for 
their administration, or the appointed administrators, guar- 
dians, or executors, absent or deceased ; and if, at the same 
time, the orphan chamber be excluded, by will, from the 
administration. 

§ d. All property found in this colony, the owners of which are 
not here, unknown, or missing, and for the administration of 
which no person has been appointed, or of whi^h the admi- 



saj4 Apn^my^ C 

nistmior iiM abseiAed biflliBelf» 9r it ^kfdt milbpuirhaMns 
substituted or surrogated any por9on in his steady ; . 
$ €. The joint estates of o^arri^ personal who have 'been siepa* 
rated, by judicial sentence, from bed> bioard, and cp^n^WMtv^ 
of property, or when a divorce has been decreed; whieor 
efttates must be brought to a seulement, as muQh «a possibWy' 
with the concurrence, and to the aatis^ction ^ both the ae-* 
parated parties, and thereupon divided, according tp lavV).. 
Should the separated parties, liowever, memorial the eoitfto^ 
justice, the court is authorized to dispense with the sequeatrator^9 
interference, and to make such other di^[>o8ition respecting Ihe 
division of the estate, as the court may deem proper. 

S(7. No person shall be at liberty, on his own authority^ to tako 
or keep possession of any of the estates mentioned in these in^ 
structions, but every possessor of any such, muat immediate^ 
give notice to the sequestrator's office, on pain of being obliged to 
make good the damage occasioned thereby, to the interested par- 
fiesy over and above a fine of one hundred rix-dolLarB, in case the 
9aid notification be not made within three days after the iikgal 
possession, and after that the circumstance of such property haviiig 
fallen under public administration, shall have come to his knovv- 
ledge ; all saving such criminal action as the fiscal, R, O* may 
conceive it necessary t6 institute against those who have thereby 
been guilty of fraud or intentional malversation. The provi«iona 
eoi^tained ia the proclamation of the 15th October, 1813, '^ Re- 
specting Testamentary Executors, who continue in tf)e adminis* 
Ration of estates after the same have appeared to be insolvent," 
moreover, remaining iu full force. 

And when an estate falls under the administration of the sc- 
<|uesirator^ by virtue of a judicial decree or s€uDence ; as afeo, 
when a person be liable to penal law, by criminal custocfy, or 
crime, immediate informationi is to be given thereof ta the seques- 
trator's ofiSce, in the former case, by the secretary of the court of 
justice, and in the latter, by his Majesty's fisoU. 

58. When the estates mentioned in Article 5$, §§ O: aM e, are 
90t admitiistered and brought to a settlement by the sequestrator, 
the public sales of the same, however, shall be held by him, as 
vendue-mast^r, and the proceeds thereof, after deduction of the 
expenses, paid to the interested parties, three months after the 
si^lei 

CHAPTER III 

Of t/i^ Execution of CivU Sentences. 

. 59» No person shall be at liberty to lay over any sentence for 
execution, against which the party cast has appealed, unless such 
appeal shall have been declared null and void by the competent 



A^pEKDix C. 29fr 

4»iiif J dr untes^ die teHt^nce^, wo^iiWtalkHng ^fec Appeal, be- 
^eckred iiaWe to ^i^iitioiiy linder «c?cority. 

8tif)«iitiAitiate<i sentences may not thher he laid at execation, 
tvfffaoift a* pfevioiiis d^c^ee of the court of justice thereto ; neither 
^etit^Ates to which any condidon is attached, unless such condi- 
lt*Hbefi^vicmsly compiled with. . 

' (JO; AW those wi^hihg to put a sentence in force, with the exe- 
^UIi6)i'C^f ^blch the- sequestrator is chat-gcd, must summon and 
re-summon the condemned party to t6mpliance by the messengei' 
^' the oourt, which gave the sentence, in manner hitherto in 
^^ervkrtce here ; on which the sentence, together with the act of 
Emmons and re-stimmons, as also the report of the messienger, 
^?I<11 %e ddivered into the sequestrator's office, in order to be Car- 
rie ititiry execution. Sentences by v/hich perata.executio is de- 
creed, are to be delivered over to the sequestrator, without any 
|^evk)Tis summons* 

61.' [ti cas6 the sentence to be laid for execution, is for the 
jWy^h^nt of a certain snm of money, the sequestrator shall, as 
i6on as possible, summon the debtor to appear before him, in 
owiett^r pay the debt, with the costs ; or either in person, or by 
ptox]^ duly authorized, to make a return of, and point out to the 
^qfu^r^rator, such and so nnich property, from the sale of which 
thfe debt, with the coits, can be paid ; and should the debtor com- 
ply herewith, no change ^hult be made for such attendance. 

62. On the non-appearance or refusal of the debtor, or some 
p^l^iif on his behalf, the s^cjuestrator, or assistant sequestrator, 
a^fcted by the head, ot* one of the other clerks, and a messenger; 
shafl rej^alr to the house of the debtor, within twcht^^-four hours, 
dbdutd he live in town, or in the vicinity ; or if in the country, 
ItMiin so litany day^ distante as he resides from Cape Town, and 
fhete demand, that so much property be pointed out, as the 
^qtM^strator, or assistant sequestrator, may deem sufficient to 
liatisfy the sentence^ which property shall be immediately inven- 
toried, and a judicial attachment laid on the same. 

63. Should this demand be refused, the sequestrator, without 
^equiiring any other authority, and if necessary, assisted -by the 
fKCUY^ officers, or such other strong power, as may be attainable 
M the time, shall immediately lay an attachment, under inven- 
tory, driasmuch woro^/e /?ropcrfy belonging to the debtor, as he 
may deem sufficient to satisfy the execution ; of which a regular 
act shkll be made out, and signed by the sequestrator, or assistant 
^tt^tratdr, together with the head or other clerks, and delivered 
to the debtor. 

'*W. The above-meritioned shall not, however, have place, should 
Are * ^nience declare any particular properly to be specially 
bound,' and liable to execution for the debt; but in this case 
such property roust first be sold : or if a person be condemned^ 



396 Aep£KJ>ix C. 

1^ oil bis owp acoQQDC, but in bis captd^ at agai^ Uita die 
property not being pointed ,oiit» Uie, ^ecpMstntor sball nol g» m 
with tbe execution, but ptocoed tboi?to by samoiiing ibe ptudy 
Gondemnedy to cpinply on punoC, confinement, in tbe «me m e ii 
ner, m aj^unst tboi^, wbo are condemned to tbe perfofmanoe of 
any act of deed; from wbicb confinement, bowener* tbe pnrly 
•ball be freed, wben be can sbow or con#rm on oatb, tlttt.be Ms 
not anv property in bit ppM^^x^ as agent, wbicb be could point 
puL wberewitb to satisfy tbe execution. 

\ 65. Wb^n tbe pi^opert^r is attacbed, tbe sequesUvtor is to^be 
understood as haymg tbe immediate possession ; and, be is liOjtake, 
special care, either by placing a trusty person in cbarge^ by taking 
security, or by other sufficient measures, that the goods be. not 
nialefide conveyed away, or in any other manner withdrawn itooi 
his charge. ' ' ' , 

66. Under this charge, however, the property is not to remain 
longer than fourteen days, on the expiration of which, if the 
debtor ha^ not paid in the mean time, or satisfied the creditor in 
some other manner, the goods are to be publicly sold, in presence 
of the sequestrator, or assistant sequestrator, having been previ- 
ously advertized, in the usual manner, in two succeeding Ga- 
lettes. These fourteen days, however, shall be extended in tbe 
same manner as prescribed in Article 62, to so many days longer, 
as the place where the sale is to be held, is days' distance from 
Cape 1 own. . • 

07. The debtor having, paid the creditor w^bin fourteen days 
after the attachment, or after he has. made a volunlaiy return of 
property, or having satisfied the creditor in any o&er nuamer, 
shall not be subject to a payment of 2^ per cent, to government^ 
but shoul(| he come to a settlement with the creditor after tbe 
exploration of. these fourteen days, be shall then be <^liged to-pay 
the said per ce^itage to the sequestrator, and for which the sentence 
IS to remain executionabie, excepting in such case, where tbe dcfbt 
continuing, the arrangement between tbe debtor and.cp-^tpr baa 
only for its object, (he giving a better security for l^h^idtbt. 
. 68. ,The sequestrator, previous to the sale oif, the attached 
goods, is to 9n^(Ee.out;an exacts account of ^ co&^<>f tl^.e^^^u^ 
tipn, including therein, the costs of suit, in so far as they; ca|i:be 
charged to tl^e c|ebtor; and tbe sale being commenced, be shall 
stop the same, as soon as he conceives that the proceeds of those 
already sold, will be sufficient to satisfy the execution ; <m wbicb 
the attachment laid by the sequestrator shall be immedialely taken 
off, and the debtor put in possession of the goods unsold* 
. ' 69. The proceeds of these sales shall be collected by the mes- 
senger, who .is to pay them into the office of the sequestrator : in 
order to their being deposited in the Discount Banky agreeably to 
Artic^a, . . , . 



App£Ki>ix C. fSW 

... 7iO. Three mpMto after the date of tliesak, or such* logger 
^ferm as is aUowed to th9 vendue-masters in the respecltve ^untry 
di^U'icts, /or roalynd; their payment the sequestrator is to make 
«ttt an account of ihe costs attending the execution, in order to. 
thia being deducted from the piocee<k, and th^ remaind^ paid to. 
the creditor^ whether under security de reBtkuendo^ should the. 
WGurastances of the case require it, or without any security. 
« 71* Should a greater sum remain, after deduction of the costs, 
tlian the amount of the creditor's claim, the debtor is to be in«; 
ibcmed thereof, in writing, in order that he may receive the same, 
from die sequestrator's ofiice, on a regular receipt, without any 
diminution whatsoever, or the payment of any further costs. 

72. The account of the costs of the exet;ution may be inspected 
and examined, in the sequestrator's office^ b^ (he debtor, free of 
all expense, and should he have any complamt against the same,, 
his objections shall, at his request, be examined into by the sitting 
^commissioner of the court of justice, who will then either j-atify 
the account, by his approval, or moderate it, according to cir- 
cumstances : with which decision, the debtor musjt be satisfied. 

73. Should the sequestrator, after due inquiry, not find, suffi- 
cient movable property belonging to the debtor, or when the pro^ 
ceeds of the goods sold do not amount to the sum required^ exc-* 
cution against the landed property shall be proceeded to ; keep- 
ing, however, in view, that a large property miist not be sold .% 
a small debt, unless the circumstances and interest of the d^ibtor 
should require it ; in which respect the sequestrator is previ^tisly 
to make a reasonable arrangement with the debtor. 

74. When landed property be pointed out by the d^btipr, or 
declared liable to execution by a sentence, or when in case of an 
insufficiency of movable property, the execution must be directed 
against the landed property ; the sequestrator shall, within the. 
time prescribed by Article §2 ; or should the insufficiency of the 
movable property not appear till after the sale, \h^n immediacy 
afiter, lay an ^achment on the landed property. 

75. After the landed property has been attached, the seques- 
Irator is to make a strict inquiry with respect to how. far the same 
may be mortgaged, for which purpose he will be atUber^. to take 
such extracts, from the public register of debts, kept in. ^e colo- 
nial office, and from the transfer book, as. he may d^en^ nepe^sary 
for his information; 

. 76, Three weeks after the l^ided property has Jbeen attached; 
it must be publicly spld by the sequestrator, agr?eaMy.to the 
manner in ob^ryanoe here, ihe sale being previQU$ly iK>tjfi^;in 
three successive Gaaettcis,^ and by printed hand-bills, posted up in. 
the usual places^ b^th in towD» and in the country districts. .. 
', 77» The purchaser of the.landi^d property spjd by e^^etputipn, is. 
to pay the amount to the sequestrator, by three iusta|m^njt$, the. 



29ft ApPtTNDlK C\ 

ilHl io ewfc, imiiiafiately, c^ at the iitmost within dght diiys ifter 
the 8«le, mid thp two others at one and two years from the day 6f 
the sale, without the putchasier being oWlged to pay any other 
iftterest on the two last instalments^ than what nmy become dne 
aUber tlie expiration of the term ; while for the paymcAt of theseJ 
two last insUihnentB, the purchaser shall execute a remoter mort^ 
gage -bond in the colonial office, and shall besides; immediately 
af^ the sale, find two good and sufficient securities, who ate to 
bind ^emselres jointly and severally, and under renuhcradon of 
^benefits ordinis et dmshnis, for the payment of the full sum, 
apd who are to be responsible and liable to exectttion for the 
same. 

78. After the sale of the landed property, the creditors who ntay 
oanccive to have any special right by mortgage, on the pnoceeds 
of the same, shall be called upon by advertisement in the gt^ette, 
and as far as possible by letters sent to their houses^, to send in 
Cheir claims, accompanied with proper vouchers, to the sequestra- 
tor's ofiice, withili six weeks, or in case of the creditors being ab- 
sent or abroad, within such time as ciretimstances will allow, on 
pain of being deprived of their ri^t ; and should the claims- of 
tiie ci^ediCorB be sent in within' the time prescribed, the sequestrator 
is thea to make out a plan of preference, in which, in the first 
place, the costs attending the execution are always to be charged, 
which plan is to be laid before the colirt of justice, together with 
Hie necessary documents for obtaining the sentence of preference; 
wjlile all further proceedings in this respect shall be carried on in 
the tome manner as prescribed in Articles 45, 4^^ and 47, re^ 
garding insolvent ^dtates. 

79- When the sentence of preference is pronounced, the debtor, 
<^n giving due receipt, may receive the overplus, which remains* 
after saiisfyiBg the ekecutioti, in mkhher as ai>dwmentloned fey* 
Ai^de 71 > while for the rest, every thing Which has been already* 
pie9crib«d with regard to insolvent estiate^, ihM ^]^ be observed^ 
in this respect. ' 

- 80; No claim of preference on the pr6ceeds of ^ landed' pro- 
pmy sold being roade^ the bequesti^tor shall, after th^ expiratiott 
4if Ae time prescribed to the creditors, make out an account of 
die expenses attending the execution, and further act a^ above- 
ni<Miti<Mied in Article ?0. 

81. The mortgage bond for the second and last instalment df 
db pui^ase m<toey being execUteld by the purchaser, is tb be 
jpven td. the creditors in paymfeiit, instead of cash. ' 

ii 8*. Should the seqiiestratbr not find sufficieirt movaBte nor 
tatiM$ed property b^eWging to the debtor, he is^ then; in the abOve- 
mentioiSld manner, td atuch bonds and other btkutanding debttj 
actions Or claims, to which the debtor may be entitled; of which 
regular notice shall be iraMediately given, by the messenger^ tb 
those who may be so indebted. 



At pi;ni>i?i C; M». 

aHache^t skali be collected with all i^o§9iUe <k8f>atch, ami th^. 
iiondft and actimiy. eo atfaek^ as a)$a t)ie^¥il^tan4iM df^bt^^ sb^utd 
t^y be of aa UlMiiiid natinre^ or th« i94orest of libe debtoi; allow pf . 
it, and the sequestrator deem it advisable, shall,, aftut being ivficm 
advefti^ed m (he gazette, he publicly ^Id. to the hig^eit biddrr, 
\Mduii the lerm, and io the naanaer prescribed by Ar^de 66w 
. 34. Ilk oarrying of sentences iato execuition^ the s^aque^nalMr. 
must guard against stopping or delaying the executioi^ for any 
ten», unless he. may have obtakied the writtest consent and ovder 
of the creditor so to do ; in which regard, the sequestrator is tp^e- 
oially ordered : 
a« Not to accept any request, for staying Uiee«9C«ition^5vhereby 

he o0iciaUy would bind himself to any ti|i^ or copditipn; 

but to confer att reiquests from ereditiva £or that purpose as 

unlimited and; uncondiiitional, eyen were any. spepiEcation o£ 

time or condition expressed theii^ifl» 
k* Not to recommence the execution of any sentence .o^i wbicb^ 

a stHyiog ha» been< granted, without the vmttm request of ihf/ 

ered&ors thereto. 
ۥ To return to the creditocTy as prescribed, ajl . a^ntei^ies oni 

which prolongation has be^ granted^ after .the eiipifation of; 

a yeac from (he .day of the delay, and to make him pay. the 

costs incurred. ...<.. i . 

H5i. Excepting dtegcantiog of delay, no other arraingfm^nte qi, 
vhataoever nature^ betwoen^ the debtor and Uie^rsfditoF) c^p.obtijg^ 
tbe sequestralori nmirne qffrn^ to deviate from the instsuctioBfi* 
Miithout higher aulhovtiy. 

86. Should there not be found a sufficiency of either mqwhie 
or landed pifoperty, aor of cneditSy aetiiowi or claimst^^iek^ing to 
iIni debtor^ to satisfy the execution, the se^uc^ator shall pass anA. 
sign a declaration thereof,, which is to be d(eposit?d* in htis oftea; 
for the infecmatjon of his creditor, who may talee^a.copy of 4hfii 
nsutf and thereupon proceed agreeably to the mannei.in obsory* 
ance here, either for civil imprisonment of the debtor, or fo.r)^e 
^teculiflai <^i sichf^oods, monies or crediis^ ae thd debitor tmy 
possess oul of the colony. The costs incurml in such pvooted^. 
ings shall be defrayed by the creditor. . . 

87. Should the place where an exccutional sale is to be held in 
the country districts, be far from Cape Town, the sequestrator, 
should it tend to spare expense,, shall forward the sentence to the 
landdrost of the district, who, in carrying the s&nie into execution, 
ahail. bex>bliged itiietiy to^obstiive dKse. initriietions^ 

88. Sentences, whereby a provisional paymtot is anm^eArMii^ 
t» be €Bniied> into ekecntibn in two ^se^wrab ways, .at the opdOnof 
^ ciedilior^ eith«r.by makings payment to him undrar sftaun^)Mr 
rM/i^jub^a co^y of which act of security is to be delivered to Hm 



i^'^^lfX C 





Bar4 by 

tmrf ?▼ tis covr woicii giiiw tbe 

or aiirodier penottf amteire 

he n»y not tirife any ether 

tkftOOHC di iTutifie liy^ td^ck the 

iitecdkOBii lo stop tbr exfin»^ 

mi 9Ht svkdapoamaii^ » ^ Uws 

Tbeiceebed \ifikt seqoes- 

die coene of oAtmgs of the 

the ae^mtralnr sball, foritc- 

ne fPH iiMBii, it tke time of 

dK suK for paper 

tboeeito tbt cie^ of the 

Ml gibiii riiwliwiirin nf far jgnrtmrtiTi 

or far theif5> titeorttwyof tlic 

bfwajoilBMtordis' 

jiilfr ffanbtfi Aon atctt 

1...^ skaU, aliU tines, be d- 
^ « the gQWiwr for the time bdi^ 
i.diepi«p«rityo£thecolooy. 




- T THE S£QI:H&TRAT0R. 

v^ mmum md faithful » Hb M*j^ 

^^^ iM ^r er Jroiu hat"^ fnend^hipar 

■ArffcWiln jui4 other w»- 




APPENDIX 0. 301 

tdstratlOils committed to my charge'; but, on the contrary^that I - 
shallf to the best of my power ami ability, promote, or cause to be 
promoted by those under me, the advantage of the same, and of 
those interested therein ; that I shall always show every honoqr 
and respect to his excellency the governor, and that I shall strictly 
follow and obey all the orders of his exceUeney, as a faithful ser- 
vant of* government ; that 1 shidl scrupulously observe, and ciluse 
to be olMerved, by those in mv department, the instructions pre* 
scribed ^r the same, with such alterations and amendments as the 
governor for the time being may^ieem proper to make; that to 
obtain this situation, I have never promised or given, or shall pvo- 
mise or give, directly or indirectly, either tayself or through others, 
to any person in or out of gavemm^nt^ under any name or. pnstext 
whatsoever, any gift or gifts; that 1 shall never acpept, or cii«s# 
to be accepted, any gift or gifts, or presents, not even of an eatable 
nature, or of the smallest value, either for myself or for any pf Jn|^ 
relations, from or in the name of any person who has, or may pro* 
hably have, any business or claim pending in the sequestrs^or'a 
office ; and that I shall conduct myself, in every respect, as an 
honourable. and faithful sequestrator ought and is bpund todo* . t 

^^ So HELPMECiODtT 



OATH FOR THE ASSISTANT SEQUESTRATOR. ' 

.1 

^* I promise and swear to be true and faiUiful to. His Miyesty 
Qeorge, &c. kc. &c. 

*' That I shall neither from love or hate, friendship or enmity^ 
afiection or disaffection, nor for any cause or reason .whatsoever, 
ever lose sight of the interest of the ^estates and other administra^ 
tions committed to my charge ; but, on the contrary, that I shaU^ 
to the best of my power and ability, promote^ and in the absence 
of the sequestrator, cause to be promoted, the ad vantage^ of the 
same^ and of those intrusted therein ; that I shall always show 
every honour and respect to the governor for the time being ; and 
as a faithful servant of government, strictly follow and obey the 
orders of his excellency ; that I shall scrupulously observe, and 
in the absence^ of the scK)^est^ator, cause to be observed by every 
one belonging to this department, the instructions prescribed for 
the same, with such alterations and amendments a& theigovcrhor 
for the time being may deem proper to make ; that I shall obsierve 
the most scrupulous and faithful exactness in keeping my cash 
bopk and cash iicjQount .with the bank ; and ti^ke care, that the 
same shall be alwi^s so balanced, that it can, on the first reqttis»> 
t^n, be produced to :gQvemment, or to the court of justice; that 
to.qMi^n tl^s situation, I have never promised or given, or.shatt 
proinjse or give, directly or indirectly, eiUier myscM or through 



Mitor with llie'soinnifons ; or by paying the money into the cilfice 
of the seqaesttator, who is to clepbsit it in the Discounft Bank^ 
where the creditor can leceive it on a dhift from the ^sislant se^ 
questnitor, aRer havins gtten a like security, and the act therteeif 
being delivered td the debton 

89. When a peraion in any capacity, or otherwise, be CondelMied 
to the performance of a certain act or deed, and that the sentence 
be enforced by way of confinement, the plaintiff shall have- the 
ri^, alter the deiendant has been confined fouiteen days, ai^d'sfllt 
mies not comply with the condemnation, to request that the inters 
est which he has in the compliance, may be esdmitted and con* 
verted by the sentence into a certain pecuniary sum ; for which 
purpose he is to deliver in a declaration, which being discussed by 
the deihidant, and thereupon taxed by the court which gave the 
sentence, the execution shall be effected in the same raaitner, as 
in all other condemnations for the payment of money. < 

90. Should the defendant himself, or any other person, conceive 
to ha¥e a right to oppose the execution, he may not take any ether 
step than address by memorial, the court of justice by which the 
sentence was given, praying for an interdiction to stop the execu^ 
tfOQ, on which the court will grant such disposition, as the laws 
and manner of proceeding here dictate. 

91. Should any gold or silver money be received by the seques- 
trator, and that its value exceeds the course of exchange of the 
paper curfency for the time being, the sequestrator shall, for lie- 
count of the estate wherein such specie was found, at the time of 
emering on the administration, exchange the same for pape# 
money, and bring the greater proceeds thereof to the credit of the 
estate. 

' 9$. The sequestrator, and odier functionaries of his department^ 
shall not, either for themselves or for theirs, take out any of th<» 
monies under their administration, whether by way of loan or dis^ 
burtement, were it even on the highest and most unexceptionable 
security, on pain of infainy and immediate dismissal from their 
omce. 

93. These instructions and ordinance shall, at all times, be al<« 
(ered, amplified or curtailed, as the governor for the time being 
may deem most conducive to the prosperity of the colony. ' 



OATH OF THE SEQUESTRATOR. 

** i pnHnise and swear to be true and faithful to Hii Majesty 
OiojtoE, &c. &c. &c. 

- '^Tbat I shall, neither from love or from hate, fHendship or 
emnify, afection or disaffection, nor for any cause or reason wfaat^ 
usever, bver lose sight of the interest of the states and other adoti^ 



APPENDIX C. 301 

tdstfatlOils eommitted to my charge ; but, on the contraryythat I 
shall^ to the best of my power ami ability, promote, or cause to be 
promoted by those under me, the advantage of the same, and of 
ihoB^ interested therein ; that I shall always show every honour 
and respect to his excellency the governor, and that I shall strictly 
follow and obey all the orders of his excellency, at a faithful ser^ 
yant of gcHFemment ; that I shidl scrupulously observe, and ciluse 
to be olMerved, by diose in mv depai^nent, the instructions pre* 
scribed ^r the same, with such alterations and amendments as the 
governor for the time being may-xleem proper to make ; that to 
obtain this situation, I have never promised or given, or shall pvo- 
mise or give, directly or indirectly, either myself or through others, 
to any person in or our of gavenHnent^ under any name or. pnstext 
whatsoever, any gift or gifts; that 1 shall never ac^rept, or Qi«t# 
to be accepted, any gift or gifts, or presents, not even of an eatable 
nature, or of the smallest value, either for myself or for any pf jn|^ 
relations, from or in the name of any person who has, or may <piOf 
hably have, any business or claim pending in the sequeiitn^or'a 
office; and that I shall conduct myself, in eye^ry respect* as an 
honourable. and faithful sequestrator ought and is bpund todo. . t 

'^ So HELPMECiODt' 



OATH FOR THE ASSISTANT SEQUESTRATOR. 

** I promise and swear to be true and faithful to. His Miyesty 
Qeorge, &c. kc. kc. 

*' That I shall neither from love or hate, friendship or enmity^ 
afiection or disaffection, nor for any cause or reason whatsoevep, 
ever lose sight of the interest of the ^estates and other administra^ 
tipns committed to my charge ; but, on the contrary, that I shaU^ 
to the best of my power and ability, prprnpte, and in the absence 
of the sequestrator, cause to be promoted, the ad va^tage$ of tbe 
same, and of those intrusted therein ; that I shall always show 
every honour and respect to the governor for the time being ; and 
as a faithful servant of government, strictly follow and obey the 
orders of his excellency ; that I shall scrupulously observe, and 
in the abdenqc^ of the scK)Uestrator, cause to be observed. by every 
one belonging to this department, the instructions prescribed for 
the. same, with such alterations and amendments a& theigoverhor 
for the time being may deem proper to make ; that I shall obsierve 
the most scrupulous and faithful exactness in keeping my cash 
bopK and cash liCjpQnnt with the bank ; 4ind ti^ke care, that the 
same shall be alwaiys so balanced, that it can, on the firsi reqttis»> 
tipn, be produced to :gQve.rnmeiit, or to the court of justice ; that 
to ql^n this siituation, I have never promised or fliven, or. shatt 
promise or give, directly or indirectly, ?iUier myscdlf or through 



30C A^FE^nfx C» 

oUusn* to aiy person in or out of govcmin^t, under any ttt8ie4)r 
pretext wluMsoever, aov gift or gifu ; thai I shall w^Tor aooept^oC^ 
^ cause to be aec^nteO, any gift, gifts pr {Nre$ents^ not eten of m 
eatable n^ure,or oi the smallest val^e, either for myself or for any 
^ my relatione from or in the naQie of any person who has* or 
may mobai^ly hav#, a^y hu^iniess qr claim pending in l^Ke^ sei^uesr 
trator's o0ice.; and tba^t 1 shajl funher cc«wlii«t, myself inetery 
respect, a» an h^noiuraWe and £u^f»l a^sistai^ s^qu^trator oughl 
and is bound to d(0^ *♦ So bei.p HH Go»r 



OATH FOR THE HEAP CLERK. 

^ I promite aild swear to be true and fatthftil to His Majesty 
GBOftOB/ftc. A:o. &c. 

** That I shall faithfully perform and discharge all the duties of 
liead cktk in the sequestrator^ department, to the best of mj 
fower and abilities, conformably to the instructions already or 
hereafter to be preserihed ; diat I shall follow and obey the orders 
and directions of the sequestrator,- and assistant sequestrator, and 
take caite- that the documeikts and papers belonging to the depart- 
ment, be -k^ Mid preserved in good order ; that I shall never dis- 
close anv thing, which either from its nature, or in consequence of 
orders given, should be kept secret ; that to obtain this situation, 1 
have never promised or given, or shall proioise or give, dicectly or 
indirectly, either myself or through others, to any person in or out 
of government, under any name or pretext whatsoever, any gift or 
gifts ; that I shall never accept, or cause to be accepte<l, any sttf, 
gifts or presents, not even of an eatable nature, or of the smallest 
vaHie, either for myself or for any of my relations, from or tn the 
naaae of any person who has<or may probably have, any business 
or claim pending ih the sequestrator s oflftce ; and that I shall fur- 
ther conduct myself, in every respect, as an honourable and faithful 
head clerk in the sequestrator's department ought and is bound id 
€k>. "So HELP ME God P 

OATH FOR THE BOOK-KEEPER. 

" I promise and swear to be true and faithful to His Majesty 
GEOiUiE, 6cc. Ike, Sec. 

*^ That 1 shall faithfully perform and discharge all the dvfties of 
4»ook4ceeper to the sequestrator's department, to the best of my 
power and abilities, conformably to the instructions already or 
hereafter to be prescribed for the same * that I sh^ follow and 
4»bcy the orders and directions of the sequestrator and assistant 
aequestratoc, and take care that the book^ bdonging to the de]^rt- 
BMDt be kept with the most scrupulous id)^i«y and* e.^actneiis'; 
that I shall never disclose aoy ^hing, which either* from it« natune 



or in consequence of orders given, should be kept secret ; that to 
obtain this i&ituAtion, I have never promised or given, or ikuM pro^ 
MHse or give, directly or indirectly, either myself or tlrroiigb 
others, td any pencfn in or out iof govertim^iit, umlef any name or 
pretext whatsoever, any gift or gifts y neither fihall' i ever «^e«p( 
of, or cause to be acoef>ted, any ffif^, gifts or presents, not even ^t 
anf eatable nature, or of the «mallest value, eith'<^r foj myself or for 
any of my relations, from or in the name of any person, who has 
or may probably have, any business or claim pending in the se- 
queslrfitor's office ; and that I shall further conduct myself, i,i^ 
ev^ry respect, as an honourable and faithful book-Heeper to tl^ 
sequestrator's department ought and is bound to do. 

''Spucj;.? meGodT 



TARIFF, agreeabfy to which the Sequestrator U.to reg^l^t^ 
hinuelf, in the charging of Fees end other Expemes, 
^ ^ attending Estates administered and settkd by him, aand 
' the locution of Ci»U Sentences : — 

PerCtun 
Oil all public sales of landed a& well. as. movable pitv 

perty 5 

On all payments made to the sequestrator, on account of 

insolvent and other estates • . • . . • .^ . •/ ?| « 
On the amount of all civil sentences, which have been 

brought to execution and settled in cash, or otherwise, [ 

whitther the settlement has been made in the sequestra- 
tor's office, or between the debtor and creditor, provided, 
in the latter case, (vide the 67th Article of the Instruc- 
tions,) such settlement be made subsequent to the ex« 
piration of fourteen days after, that the debtor has made 
a voluntary return of property, or the goods have been 
attached by thesequestrator . . . .... , .2} 

B^dtis the dbaoe^ the Sequestrator mqy charge thcfalhwing JVej^ 

- . ! * ' ' \ .- ■*. wf. — 

; ? ip Insolvent jwhI Other Es^jtes, 

The Sequestrator, or Assistant StQVE«TRA*roR. 

Rfh. Ska* 
For attendance, and writing in the day book every ap- 
pearance prescribed in the Instructions . . . . . 2 4" 

For attendance at taking an inventory, per day ...20 
For attendance at the sale, per day . ... . . . 2^ O ' 

For making out the accounts of the proceeds of an estate 2 O - 
For signing the same 4 



304 APPENDIX CI 

F<»r raaking out a plan of di»tribtUm of an estate, for the 
iuspection of crejitor^ and other iolenetted parties, and 
thereupon to he sohmitted to the court of juaiice, for 
appcovalrr-per page ......... ... 4 

For making out the account of settl^oeut of e^tatea not , , r 

insolventf-r-per page • ; . . • ..;«..♦ ...04 

■ ' - • • . • • ' *« - 

,HsAD Clerk. . 

For drawing up the inventory . • • • • ' •' • • ' • 9 
For attendance at taking the same,— per day . . . .20^' 

In the Execution of Civil Sentences, 

The Sbquestratob, or Assist akt Sequestrator. 

F6r attendance, and entering in the day book, at the re- 
turn of or laying an attachment on property . . • 2 4 . 
For ditto ditto, wb^n the debtor does not appear . . • l^ 6 
For ditto ditto, at public sale,— per day • • . .. .2 
For making out the account of the settlement, — per page 4 i 
For signing the same 04; 

Head Clerk. * ' ' , 

For registeHnga sentence laid over for execution . * 10 
For expunging the same . . . • . . . . • .10^ 
For making out the inventory of goods, returned or at- 
tached ,05 

For attendance at taking the inventory, per day . . • 2 

The Messenger, in both Cases. 

For every appointment ordered by the sequestrator, . ; . 

agreeably to the instructions . • . . . . . . ^. 1 

For attendance at taking the inventory, per day . . . 10. 

For ditto at the sale,— 'per day . . . . . . . ; 1 O 

For ditto at making out the account of settlement • • 1 

Note. — Besides these fees, the accounts are to be charged 
with the usual stamp duty on each, agreeably to the Stamp Act. 

All attendance out of town is to be charged double: on such 
occasion, waggon hire, and other necessary expenses^Rrealsoto 
be charged. 

An account of' fees shall be made out at the expiration of 
every quarter, observing the usual form, and thereupon paid out 
of the bank into the treasury. 



X .30.^ ,). ., 



APPENDIX d; 

PROCLAMATION. 

By Hw Excdicncy the Right* Hon.^General Lord Charles Henry 
' Somers^, oneof His Majesty's Most Honourable Privy Coun- 
cil, Colonel of His Majesty's 1st West India Regiment, Go- 
vernor and Commander in Chief of His Majesty's Castle, Town, 
*nd Settlement of the Cape of Good Hope, in South Africa, 
and of the Territories and Dependencies thereof, and Oi*dinary 
and Vice Admiral of the same. Commander of the Forces, 

&c. &c. &c. ' t 

t 

Whereas his Majesty's receiver-general has reported to me, 
that there is at present in his custody, the sura of fifty tl^ou^and 
rix-doUars, worn out and defaced paper-money, unfit for further 
circulation. . , 

These are, therefore, to order and direct, in virtue of ;the^ 
power and authority by his Majesty in me vested, that the secre- 
tary of the court of justice do, on Tuesday, the ^th instant, at- 
tend at the colonial secretary's office, where, on application to 
the colonial secretary, (in whose custody they are,) he will* 
TOceive the stamps, together with the quantity of cartopn neces- 
sary for the purpose, and that he do, in the presence of the fiscal 
and two members of the court of justice, who are, hereby re- 
quired to attend at the time aforesaid, at the usual place, and 
in the usual manner, cause the number of 

IfiOQ pieces of 20 rix-doUars^ the backs of which are green, 

and marked [20] 
1,000 pieces of 10 rix-doUars, the l^acks of which are brown, 

and marked [10] 
1,000 pieces of 5 rix-dollars, the bacl^s of which are pink, and 

marked [5] 
1,000 pieces of 4 rix-dollars, the backs of which are red, and 

marked [4] 
1,000 pieces of 3 rix-dollars, the backs of which are orange^ 

ami routed [3] 
2,000 pieces of 2 rix-dollars, the backs of which are black, 

aiid:aiarktd{2] 
4^000 pieces of 1 rix-doilar> the backs of which are blue, and 
marked [I] ^ ^ 
to be stamped ; which pieces, when so stamped, are to be deli- 
vened by the fiscal and members of the court of justice, afore- 
said, to the colonial secretary, to whom they are also at the same 
tim6 to return the stamps; which stamps, being replaced in the 
box in which they are usually kept, the box shall be sealed with 



306 Appendix D. 

tny seal, and with that of the court of justice, so to remain luitil 
further wanted ; of all which the fiscat and members of the 
court of justice are to make a public act of certification, in the 
presence of the court, on the next court-day, to be registered in 
the records of the court. ^ ■_ 

And it is further directed j that such stamped pieces, (beini^ 
regularly marked and numbered,) and the value of each piece, 
with the date, duly printed thereon, shall be signed as follows; — 

1,000 pieces of 20 rix-doUars, 1,000 pieces of 10 rds., 1,000 
pieces of 5 rds., and 1,000 pieces of 4 rds., by Messrs. W, Hid- 
dingh, IV. J. Kkrck, and J. F. Munnik. 

1,000 pieces of 3 rds^ and 2,000 piece? of 2 rds., by Messrs. 
F. R. Bresler, A. V. Bergh, and /. C. Gie. 

4,000 pieces of 1 rd., by Messrs. J. C. Fleck, A. J. van BredOf, 
Wiid P.J. Poggenpoel. 

And it is also further directed, that such money, so stamped' 
and signed, do remain in the custody of his Majesty's receiver- 
general, until report be made of its b^ing finished ; when such' 
nirther orders shall be given as may be expedient. 

And for the several matters herein-mentioned, this shall be to 
aH concerned a full and sufficient warrant; and, for the publid^ 
information and satisfaction, it is further directed, that it shall; 
be published and afiixed in the manner usual with all other pro- 
clamations. 

OOD SAVE tttfi king! 

Given under my hand and seal, at the Cape of Good Hope,' 
this 4th day of April, J 822. 

(Signed) C. H. Somerset. 

Bjr command of his excellency the governor, 

(Signed) C. Bird, Secretary. 



APPENDIX E. 

INSTRUCTIONS 

For the licensed Bafcers, in addition to those decreed hy the 
< President and MembGrsafthe Burgher Senate, on the IMh 
Ncfoember, 1809, and affirmed by the Fiat of his Excel- 
iemcy the Oovemot. -^ ' 

Art. 1. The licenised bakers shallbe obliged to pay into the^ 
grain administration fund, one rix-^oilar on each muid of corn" 
or flour disposed of, for support of said fund,^ and defraying the - 
expenses attending the administration. • 



Appendix E. 307 

2. In order that the pommittee may ascertain tlie amount of 
fees arising therefrom, the licensed bakers shall be obliged to 
send to the store-keeper and treasurer of the grain administra-* 
tiou, every Monday mor^mg, between 9 and IS o'clock, a writ**- 
ten statement, on oath, of the quantity of corn and flour disposed 
of during the last week ; and then pay the aforesaid one nx« 
dollar on each muid. 

5. The licensed bsdcers shall at all times be obliged to tak^ 
such quantity of corn or flour from the town grain magazines 
as the burgher senate may deem expedient to be sold and baked, 
fer the security of the town; paving for the same, in ready mo* 
msy, at the rate fixed by the burgher senate. 

4. In order that the inhabitants may have good and wholesome 
bread, (as damaged com and flour might happen to be imported,) 
the bakers shall not be allowed to bake foreign corn or flour, un^ 
less previously examined and approved of by the burgher senate^ 

5. Should the licensed bakers not attend to these regulations^ 
they shall, (independent of the fines fixed by the regulations of 
tlie 14th November, 1809,) forfeit a sum of 100 rds. for the first 
offence; 500 rds. for the second ; and 1,000 rds. for the third, 
and be deprived of their licenses ; and in case they do not com- 
ply with the 2d Article, (being of the most importance to the 
grain administration,) their shops will be shut up by order of the 
burgher senate, and then not allowed to sell bread, &c. until com*' 
plying with the tenor of said Article. 

6. The licensed bakers must submit to any further regulations 
81 the buraher senate (under sanction of government) shall d^m 
requisite for the benefit of the public; and be obliged, at tfa^ 
<»pCion of the burgfleif senate, (though they have forfeited the fines 
in not complying to tlieir engagements,) to continue baking until 
the end of the year for which they have agreed ; and to consider 
th^tnaeWes further liable to tatif other fines they may incur. 

Thd fines forfeited will be appropriated in the following man- 
ner :«-One4hird to the informer ; and the other two-thirds to thd 
grain administration fond. 

Thus domi and decreed, at thie meeting of the burgher senate^ 
€ape of Good Hope, en the Idth December, iS^i. 

(Signed) M. vaw Breda, President. 

By command of the president and members of the 
burgher senate, 
<Signed) P; J. Troter, Secretary. 

Fiat, 
(Signed) C. H. Somerset^ 



x« 



( 308- ) 



APPENDIX F. 

RENEWED REGULATIONS FOR THE PRIVILEGED 
BUTCHERS. 

Art. 1. No person shall be permitted to c^rry on the trade 
of a privile^d butcher, unless he is a. burgher of this colony, 
and duly provided with a license from his excellency the go« 
vernor to that effect, on a proper stamp. 

2. Any person desirous of carrying on thje butcher's trade in 
Cape Town, roust address himself either personally or in writing, 
to ihe burgher senate, signifying his intention, before; ultimo; Octo- 
ber of the current year; but not to commence before the 1st of 
January following, nor discontinue until the e^tpiratioq of a full 
year; for the due performance of which, he must pass a bond 
before commissipners of the burgher senate, in which he bhids 
himself in tbe sum of 1,500 rds., to be forfeited should he be 
found, to have discontinued .carrying on the butcher's trad^,4)e- 
fore the expiration of a full year, notwithstanding his obligation 
of continuing the same ; and ifor whiph sum of 1,500 rds;. as 
aforesaid, he must produce two good securities, who are likewise 
tabtnd themselves respectively for the fulfilment of the said sum : 
he is then to apply aC the colonial secretary's office;, for a license 
for one year, written on such a stamp as is established by the laws 
of the colony, . • . . • 

3. No person, except the privileged butchers in Ci^pc Tpwn, 
abail be allowed to selj, or otherwise dispose of live c^t^e, :sheep» 
or goats, for the purpose of being killed, neither the meat nor 
the fat of the iiame, under a penalty of 1,500 rds., with couSka- 
tion of the cattle, meat or fat, thus illegally disposed of. : 

4. The burgber senate have, however, at all times,. tbe power 
of permitting other inhabitants and burghers of this colony,, (not 
provided with licenses for carrying on the butcher'^ tn^e,) lo 
kill cattle in their possession in Cape Town, and to sell. tb« meat 
and fat to the inhabitants, or persons belonging to ships a,titnphor 
i'n this bay, provided they submit to such conditipns aQ.dTe^ric« 
tions as will be prescribed in the latter part of these regulations. 

5. The riAoabter houses and shops, mentioned in the 2d and 
3d Arttdes of tne regulations of the year 1809, (now in use,) will 
cease after the building, now erecting by the burgher senate, 
shall be completed as public shambles, and as soon as the privi- 
leged butchers, shall have taken possess^ion of the several apart- 
ments in said buildings, which will be allotted to them, (gratis^J 
for the purpose of killing and selling their meat, &c. the further 
use of the slaughter houses and shops in. Cape Town ,^ at pfjesent 
occupied by ihem, is prohibited, on a penalty of 100 rds. for each 



Appendix F. 309 

transgression; and they shall not be allowed to sell meat or fat, 
atany other place, than in the apartments allotted or ceded to 
them for that purpose^ in said biiilding. 

6, The privileged butchers shdl keep their shops open daily, 
from sunrise until 12 o'clock at noon ; and ffoih 1 o'clock in the 
afternoon until sunset. ■ 

^ 7. The butchers are bound to cause their homed cattle> in- 
tended for slaughter or sale, to be driven to the shambles, along 
the road leading between the canal of the castle and the parade 
square, before B o'clock in the morning. No catilt brought hi 
for the purpose of being killed, or otherwise disposed of, drall be 
driven to the shambles by any other roed, under a penalty of 100 
rds., and under the same responsibility as mentioned in the Qd 
/Irticle: in extraordinary cases, however, the privileged butchers 
>^'i]l be allowed to drive in horned cattle, in the a#oii&*m^iilioned 
way, aftei" 8 o'clock, provided a written permission iot that pur- 
pose be obtained from the director of the shambles^ 
• 8. No- wild ox Or cattle is allowed to be conve3'ed or' driveh 
through the streets, or exposed to public view, in any public 
place in the town, under a penalty of 50 rds. to be forfeited Ijy 
the butcher to whom such animals belong, who is also bound td 
make good any injury sustained in consequence : the butchers 
are, however, allowed to drive stalUfed and quiet cattle through 
the streets, (properly secured, and attended by a leader and dri- 
ver,) provided a written permission from the directorof the sham- 
bles shall have been obtained for that purpose. 

9* Every privileged butcher shall be obliged to have his name, 
and liumber, painted on a board, over the door of his shop, in 
large and legible letters. 

10. Eight days before the expiration of each month, the 
butchers are to inform the burgher senate the price at which they 
intend to sell their meat and fat during the ensuing month,. ind 
lihich price they are not to raise during that period, withautthe 
express consent of the burgher senate, who are authorized to in- 
quire into the reasons for such enhancement of price; and on 
finding the same ungrounded, to object thereto. Should the 
butchers think themselves thereby aggrieved, they can address 
themselves to governments 

11. In order that the public may be n^larly informed of the 
price of meat, the burgher seiiate will notify, at the commeiM;e*> 
ment of every month, the proper prices at which the butcher shall 
be. obliged to sell his meat and fat during the current month ; 
kach notification to be signed by the director of the shambles, 
and placed on a board at each butcher's shop. 

12. In case a butcher is found to have sold meat or fat at a 
h^her price than is fixed, agreeaUy to the foregoing Articles, he 
shall forfeit, fur the first offence, 100 rds ; for the second, 300 ; 



810 App^npix F. 

mid for Ibf tkird, IfiOOi aod riiouM tbe bUtdbifff Iht delecM iq 
iMiving delivered short weight, or pommitted my 6th<^r fraud, he 
shall, moreover, be liable to such'correetiQii «i)d pimishineiit as 
the l^w directs* 

IS. In order that these and other regulfttions reiettive to the 
butcher's trade, be duly observed, and the tran^ressoni may not 
escape ^eit well-deserved punishmeat, his Majktys fiscal, the 
htir^er seftate, or conimifisioners of the burgher senate, as well 
as the chief functionaries attached to the shambles, are authorised 
to visit the butcheri^ shops, or cause the same to be visited as 
often 9s they may think proper. 

14. With regard to the purchase of cattle by the privileged 
butchers, it is enacted, that no privileged butcher shaU be at* 
lowed to purchase more cattle than he requires for the usual 
consumption of his shop ; shoqld he be foutid gUilty of bitving 
acted contrary to these instructions, he will be subject to a pe* 
nalty of 1,000 rds., agreeably to the proclamation, dated ^-'^i 
)wkif 1800, independent of the punishment set fbrth for the 
crime of monopoly. 

}5« It is also enacted, that no privileged butcher is allowed to 
im?^ into the interior of the colony, for the purpose of purchasing 
cattle, or send any other person for that purpose, without being 
provificd with written instructions, or an order fVom the director 
0i the shambles, which shall specify ; 

aj The number of cattle and sheep to be purchikaed during 
the journey. 

h) Th^ manner of payment which is to be adopted, whether 
in cash or by bonds, the number of which to be taken for the 
journey must be specified in the instructions, 

cj I'he manner in which these bonds are to be drawn out, 
via.: 

1. They are to be nqmbered. 

$. They must cofntain a declaration, signed by the butcher, on 
whose account the purchase is made, that he binds himself for 
the prompt payment of such bcxiids, filled up either in his own 
iuUid'writing ^d signatore, or that of the persons so employed b^ 
hira; as also that be will, by virtue of this engorgement, authorize 
bis wife, or any one of his family, to pay such bonds during his 
id^ence, without any further sjiecial order ; and that in case any 
misunderstanding should take place^he will submit himself to the 
immediate diecision of his honor the chief justice, or president of 
the worshipful the court of justice ; or, during his absence, ot 
liny legal impediment, to that of the senior member of the said 
court, without any further form of process, and assign ov<^r kh 
penon aad yraptrty for ffarata' executiiQ, 

S. That not only the namfoe^ of catlfle purchased by thi 
btytthery or the person employed by hira, but also th^ amouht of 



AppENPfxF^ 811 

eQ purqbase'^aaii^y agp^ei^ fpiv viust \m incited m di^r ^i| 
^nd-writing, wad with their own signature, in worch as well as 
figures. 

.^^fU. An order or direqtiop.not to deliver %hif butcher's notes to 
4he si^UerSy before the cattle is delivered, 

ej A, sioMlar order, (x^ povide himself with a list^ in w'bieh he 
o^^st insert the names and residences of Uve country people from 
whom h^ purchases cattle,, as also the description and number of 
M^e Rme; the amount of purchase- mont^, whether paid in cash 
•pr by li^tchers' notes; and in the latter case, the days whem 
jSfich noteis bfOMue dui;, and the. oumbers of the ^otes given ia 
^yiment, 

fj And, finally, a stipulated time when the, butcher, or the 
fH^rson employed by hiin, engages to be in town. 
, Jh<^< instructions are to be made put in the abovennetitioBei 
manner, and signed in duplicate by the director of the shambles^ 
th^^bj^tcher and. bis s^eryant (in the event of the journey being 
undertaken by a.servant) are to make oath before bis Majesty's 
6»C9\^ or unQ pf hi$ deputies, that, the ordiers therein contained, 
and no, Qtbctr^ shall be faithfujly complied with-roneof which du- 
plicates is to be lodged in the fisqal's ofiice» previous to the jour- 
ney being undertaken. 

The ibregpiag is to be strictly to be observed by the butchers, 
under a penalty of 3/KX) rds., agreeably to the proclamatioo of 
<ihe 2d of October, 17^^ ; and any servant acting contrary to the 
c^;)int«n(s of thii^ Article,, shall be liable to temporary imprisotv- 
fOeht, or oth^r discretionary pumshment. 

16\ The butcher, or person employed by him, shall be obliged 
to deliv«ir to his M^esty's fiscal, within a week, after his return, 
the lists of cattle purchased by him, and a duplicate thereof to 
.the. director of the shambles, under a penalty of 100 rds. 

17* Any privileged butcher failing to pay any of his notes od 
.4^and, the holder can apply to his honor the chief justice^ or 
president of tbie worshipful court of justice, who will summoa the 
debtpc, through the messenger of the said court, for payment^ 
which if not made, an immediate decree oSparata executio will be 
grafted* 

1$. Ko cattle shall be slaughtered until inspected and ap- 
proved by thc^ sel^ct^r of cattle ;„ neither shall any niieal or fiat be 
sold until approved by the said functionary, agreeably to his io- 
slructions ; and l^ny butcher transgressing this order shall forfeit, 
Cpr the. first o$(fnce, ^00 rds^ ; for the second a similar fine, and his 
shop shut up for a week;, and for the third offence, 1,000 rtfa. 
with the foifeiture of hia license. The butchers conceiving tbem- 
sel^es.tiQ* be in aay shape aggrieved, are at liberty to lay their grio- 
\iauc^ before the director far his decision ;. and further,, to apr 
peal to the frevdent and members of the burgher senate. 

19. The, butcbtrs shall b« obliged daily to colltcl t&e bbod 



3J2 Appendix F. 

an^otUr Mih, which iMty ae^uiitolaite hi their ithops, intd i^Om 
and have the same carried into the iea, through the back gat«i 
of their slaughter-house^ under a penalty of 100 rds. 

to. The butchers shall have the iite of the apartments and ao- 
purtenances in the shambles, gratk; they are only to provide 
tUemselveSy at their owtt exjiense, %nih all portable materials ne- 
cessary for carrying on their trade ;— ^they are boutod to keep Che 
buildings and appurtenances occupit^ by them in proper repair i 
any damage done to Che buitdings, either by the batchers of 
those employed by them, shall be estimated by the town inspector 
and surveyor, and the amount of such damage be paid inta tlia 
town treasury ; but any damage otherwise sustained shaM be^te^ 
Irayed by the town treasury. 

21. In order to keep the buildings in repair, and to contiinNi 
the administration, &c. the following duties shall be levied, 
vii, : — ' . >j 

Fbrhomed cattle, either for slaughter or sale,' 2 rds. each. • 

For a calf . - 1 rd. ' 

For a sheep or goat 14 stivers. 

For a lamb , .12 stivers. 

22. The levying and payment of the taxes must be made daily, 
between the hours of 9 and 12 in the forenoon, (Sundays and 
holidays excepted,) at the oihce of the director of the shambles, 
agreeably to the instructions prescribed for that officer, upon 
receipt of the written reports of what has been killed and sold 
the preceding days. Should the butcher wilfully neg^ct pt^ying 
such duties, lie shall forfeit, for the first offence, 100 rds.; for 
^he second, 500 rds.; and for the third, 1,000 rds. Independent 
^f these fines, he will be moreover liable to the forfeiture of his 
license, besides an arbitrary punishment, accordfsg^to circOn^ 
stances, should he be detected in having fraudulently traiM^ 
jgressed these instructions. 

V 23. The butchers are bound to keep the bifiklings^ both witMa 
and without, as also from the front to the. sea shore, in a deanly 
4Mate ; likewise, to wash the wood-work and windows twice a week, 
(the days to be hereafter fixed.) I'he shambleti sewers, and gui* 
ters n1^st be cleaned daily, or as often as is necessary. Each 
*kf»tcher will be held responsible for the due perforroancethereof; 
'Hi default of -which, a ))enalty of 25 rds. for each ofience will be 
infiieted. 

**• 24. l^he butchers shall repori in writings and under their own 
signature, to^ the director, monthly, and before the expiration of 
fne sevemh day ^ each month, for the information of the burgher 
•senate, the number of cattle sold, alive or dead, during the pre- 
Ofding nionth ; dso, the weight of meat and fat^ the nunber>af 
'CaltU^ nemMning in thoir possession,' and* also^ hew^ many eervaMb 
are sent ro purchase cartli^, iinider a penalty tA UX^ rds.. « > 

25. It is further eoactcd, with regard to the recovery of the 



ApBEMpixP. 813 

pinmlcifs quoted iff theM regvkdom, tliat the Hmh aad Spth Ar- 
tkltfs of rfae criounal co6e of laws, established in tbis toloay^ 
must be strictly observed, and the distribution made as follows : 

Ooe^tfaird to the prosecutor, 

One^bird to tbe inforn^r, and the remaining 

One^hivd to tbe funds of the hall* 
5E6. Any person^ not being a licensed butcher, and who may 
fed inclined to sell the meat or fat of cattle killed by him, 
must first apply to tb^ burgher senate, and obtkin a special p^r^ 
asission. This application must state what species and number 
•I cattle he intends to kill and sell ; he must then submit himself 
to tbe following restrictions, via. : — 

1. That he shall kill his cattle in one of the apartments of the 
sfaunMes, allotted to him for that purpose, and for which he 
shall pay to the burgher senate a reasonable rent^ for tbe timtt 
required in killing such cattle and selling the fat. 

2. That be shall pay for the cattle so killed and sold doitbl0 
the duties inserted in these regulations. 



APPENDIX a 

PROCLAMATION. 

)iy his Excellency Major General Sir Rufane Shawe Donkin^ 
-. Knight Commander of the Most Honourable and Military 
' Ordler of tbe Bath, Acting Governor and * Commanding km 
. . Chief His Majest/s Forces at the Cape of Good Hope, Ac 
...&c. &c. 

WlTfiREAS it has been repre^nted to me, to be desirable, for 
establishing regularity in the administration, and uniformity in 
the execution, of tbe orders and regulations respecting the sale 
uttd retail of the Cape and foreign wines, and malt and sptrituotn 
Ifqtiors, throughout this colony, that the said orders and regula- 
tioi^s shall be collected and embodied. 

<' AikI whereas the present circumstances of this colony, and tbe 
abuses which, from time to time, have crept into the aforesaid 
iadtftttmsiration, have rendered it necessary to make partial 
changes therein, and to extend the same: — In renewing, altering, 
and amplifying tbe said orders and regulations, I have, therefore, 
'thought fit to order and direct, by these presents :-~ 
> 1. That no one shall be allowed to store for sale, or sdl wlioIe> 
^e, any Cape or foreign wines, malt or spirituous liquet; sdch 
tperaons exacted as shall have obtained, for that purpose, (fote 
the coloaial government, . either by *^rming\t>r ^erwiie, tfc* 
thereunto n<ec<fstMiry ^ieense or pehnistaon. - 



9li Apfkxpix 6L 

. . ^. Fmm dbitf ^^nertil ride is, however^ except^ the >irbQlf;8alf 
j^iportation «nd Nile of foreign wkiest beer, and spirits, in iu for 
a# tbey are not already, by existing laws, or shall not be declared 
to be included in the wine or other farms^ which shall hereinafter 
be mentioned. The side and purchase, therefore, of the afore- 
said foreign wines, beer, and spirituous liquors, in the cases, 
casks, or pm^kages in which they shall have been ira potted, and 
have been duly registered ia the books of the custom-houi^es of 
Cape Town and Simon's Town, is hereby permrtted, provided the 
said oaies, casks, and other packages, do not contain less thaa 
two gallons and a half, or twelve cotanmon bottles of foreign 
wine ; seven gallons and a half, or thirty-six common bottl^ or 
fiftetn flasks of foreign gin, brandy, arrack, or rum ; two galkons 
and a half, or twelve common bottles of other foreign spirits ; 
and one anker, or forty common bottles of foreign been And, iu 
like manner, the sale of tlie aforesaid foreign wines, beer, and 
s^ta, affler they shall have been taken out of the cases, casks, 
and packages, in which tbey shall have been imported, is. pen- 
mitted, in quantities of not less than seventy-two common 
bottles. 

3. From the general rule are likewise excepted, all public sales 
of Cape and foreign wines, beer, and spirituous liquors, in as far 
as these take place for the liquidation of settling of estates by 
judicial decrees, or by the orphan chamber, the sequestrator, or 
other public boards, or officers ; as also by, or on behalf of, tes- 
aaaMntary executors, or of agents for persons having left the 
fokmy :-^all these are allowed to sell, or cause to be sold, pub- 
licly. Cape mmI foreign wines, and spirituous liquors, in the fol- 
lowing qnantfties : viz. — Cape wines, not less than fifteen gallons, 
or seventy- two common bottles; and foreign wines, not less than 
seven g^lons and a half, or thirty-six common bottles ; or rem- 
^nts of each sprt, should there be less than the said quantities; 
and, moreover, all unbroken cases, casks, or packages o( foreign 
wines, beer, and spirituous liquors, as specified in the 2d Article^ 
in the cases, cask#, or other packages, in which they shall have 
been imported. 

4. From these general rules are also excepted, as heretofore, 
fill wine-growers, who !»ha11 bt allowed, without molestation, to 
store their wines in such places as they shall think proper; aaid 
also, as ht;rett>fore, shall be allowed to seU their wipes at public 
markeLSj or on their own tstates, uith^r to shipping or to the in- 
habitants, for coiisuni prion or for exportation; not, however, in 
less quantity than a half-aum; provided, nevertheless, that as to 
the time of bringing ilieir winen ro Cape Town or Simon's Town, 
a&abo with respect to whatsoever is required to precede the ship- 
ping and exporting of their wities, they conform. strictly. t9 suci^ . 
regulations as are, or shall be, prescribed for these objectsl 



3. Ijbe v?|DCh|;rpwei9 AM^ hewavct, not .bd atkmed tp 9^U 
their wines witbii) the limits of any wine form or liciense, to any 
ptber but such farmejr or licensinl wioe-^lkr* eilhor 4iiicctly or 
indirectly, unless they shall have received a proper liceote for 
that purpose, ami Ih^t ihey strictly conform to the rmles therew 
pr^scrib^d ; Jby neglect <kf which, such liceiiae shall forthwith, bf 
forfeited ; and on selling any wine without license, the olfeader 
shall be liablf? tp a 4ne <»f 300 rda. i . 

6. As the exportation of new wines 19 found, to have very to- 
jurious effects upon the demand for this important article of 
produce, in order to prevent its exportation, and the frands that 
might be committed, by mixing new and old wioes, no wine shall 
be. alio wed to be brought into Cape Town, Simon's Town, or ac^ 
othe.r place from whence it might be exported, ia any casks, eif 
what^(*ver ^ise or quantity, except ,by my special peimiMioa, or 
that of the governor for the time being, from the Ist day of 
February, to the. last day of August, of each year, on paio of 
confiscatioa of the wines so brou^t, contrary to the inteatioa 
hereof, and of the pasks in which it is contained* 

7- From the foregoing article, however, those particuUr wines 
sh^ll be excepted, which are allowed to be brought ia, in sigaUer 
casks, and small quantities, containing no more jiban half a hf^ 
ger, viz. — Constautia, or fine dessert wines of thai naiure ; .pro- 
vided that foi: this purpose a written permission be obtained froM 
his Majesty's fiscal, by which be may be enabled la guardagmoit 
the infringement of the regulations contained in the for^Mg 
Article, under this pretext. 

$, In oxder tapref^ent the foregoing prohibition fromtotenri^ 
ing the ordinary transport of Cape wine to Simoa's Towa,, "^hm 
has been brought into Cape Towa in proper aeasoas, it is ta be 
understood, that the wine merchants in Cape Town, and otfaxrrs, 
sh9.U be allowed tp take wine from C^e Town to Simon's Town^ 
provided they have obtained from the collector of tithes, a eerti« 
fica^te for every case, cask, or other package, wheneiasadi.arina 
is, transported, in proojf of the said wine having been braiaigbt iai^ 
in proper seaston, and that the duties have been duly pq*d ibenki 
on. And all Cape wine which, without suck . certiicide, shall, bf 
t>rpught into Simon's Town,. Ueiween the Ut day of EebfoarjrA 
mftd the last day of August, of each year, shall be sulij^l la^ 
confiscation directed by the 6tk Article, and mtsreowx to aoA 
penalties aa axe. attached to the non-payment of the du^ea cm 
iriaesbroughtlo market; and the collector af titheii as^bat bii 
M^e^ty's fucal,. and the resident of. Simon's To^im, 9t9.kmehy 
direcM to. be carefol, that the regulations directed by chiaaadl . 
the fojegM>ng &h and 7ih: Artidas. be strictly ohnerved., 

S^ Na|ien«M^ shall ha aUoweii to sKn^ lbrjaiia^.or seUaay 
Cape win^.hrai^lyt or ather spirituatis liquors/ by the baJtmmi 



916 A-pPENDix 6* 

or larger Cdsk^, without haWng prevkmsly obtaiiied my license, 
or that of the governor for the time being, on a stamp of 50itfe. 
if^hich license ttiust be regtstered in the eolontal office, the fisca^s 
office, and at the office of the burgher senate, or tahilAoBts' 
offices, as the case may be, and be ahneaDy renewed, under 
penalty of a fine of 150 rds, to be levied on the person who shall, 
witbovt baling obtained rach license, have sold, wholesiale, Cape 
wine, brandy, or other Cape sptritoous liquors, and such delsifl- 
ter shall be, moreover, compelled to provide himself with the re- 
quired license. 

10. Wine merchants, who shall have obtained the aforesMd 
licenses, shall sell their wines, and other liquors, from stores, cel- 
lars, or other places, whfcb open into a public street, or read; 
during the summer, between the hours' 6f 6 and 12 in the fore- 
1UHM1, and between those of 1 and 7 in the afternoon; and durtag 
the winter, between the hourrof 7 and 12, in the forenoon, and 
1 and S in the afternoon, (Sundays and holidays excepted,) dur<- 
ing which hours, the doors a^ to be constantly open ; and siich 
venders shall not be permitted to have a screen, or to place casks^ 
or any thing else, before the store or cellar, or other place^ by 
which the view into it shall be obstructed, on pain of forfeiting 
the said license. 

11. These licensed wine-sellers shall, however, not be flowed 
to sell or to deliver any wine, or other liquors expne^ed in their 
licenses, by the half^inm, or larger casks, to any of the retailor, 
Xby-tappen,) of the respective wine-fisirmers ; ' nor shall any of 
these retailers be allowed to receive such {^defaulters herein, 
the seller, as well as the receiver, shall be considered as smog* 
glers, and as such, be liable to such fines and penaldes as i^re 
directed by the 14th Article of this proclamation. 

r 12. The licensed wine-seHer shall not be permitted to sell to 
^ny officer whomsoever, for his own use, or for that of the mess 
to which he may belong, either in the castle, or in barracks in 
Cape Town, or in such other places to which this order shall, by 
my commands, or by the commands of the governor for the Uine 
bemg, be made to extend, any Cape wine, or other liquors, cimi* 
pris^ in their licemies, % the half«aum^ or laigef casks, unless a 
.written certificate from the officer by whom the wine or other 

Jiquot^ shall be required, be delivered to him, -spectf^-ing whether 
the wine, &c. be for his own use, or for that of the mess; lind 
the wine-seller shall, moreover, previous to his deltvertng such 
wine,.&c« send a certificate, expressing to whom the wine is to 
bedefivered, to the wine- farmer within whose limits the castle^ 
barracks, or such other place above alluded to, is situated, under 
the same penalties as are expressed in the foregoing article. 
.13. In l^e manner the licensed wine-setlers shall notbefier- 

^^iiiitted:tb.sell^any wine, or oth^r liquors e^ij^essed^in d^ir 



.iiCQiw^^ hy Ihe ^al^om^, or larfer casks, to.ani^ non-.co^»iiiid'> 
signed officer or private soldier residing in the castle, barracks, or 
any such other place alluded to in the foregoing Article, yoder 
similar penalties : non-comiBissioned officers or privates, not' re- 
«Miti^ in the castle,, barrajcks, or such other places as before 
alluded to,, provided tliey are not servajUs, are not included in 
the above regulations; but are permitted to obtain for their own 
.use from the wine^sellers, wine or other liquors, by the half-aum, 
.or larger caafcs, on producing a certificate from their commanding 
officer, examined and countersigned by his Majesty's fiscal, or 
' th« magistrate of the place to which it refers. 
. 14i- In any place, where the permisiiion to retail Cape and 
foreign wines, ina.lt 3.nd spiiituou^ liquors, h obtainable by farm- 
ing, or by a froveinment lice me, no person shall retail any of 
those Liquors, without such lict^iise; sucb person becoming liable 
to a fine, for die first iiifringement of this regulation, of 300 rds. 
to be divided, — one-third to the officer prosecuting, one-third to 
.the farmer, (pachter,) and on<^-ihird to the informer; or in case 
ofinabilily to pay, to arbitrary punishment : for the second 
joflfence, 500 ids. to be divided as above i or in case of inability 
to pay, to flogging in the prison by the constables ; and for tb^ 
third ofience, to five years* banishment from the colony. , , 

li. As, owing to the. gr^at extent of this colony, there :ar« 
many parts to which, on account of their distance, >nd the tblAr 
ness of the population, the obligation of taking out licenses for 
the retail of wine and brandy is not. yet extended; it is hefi&by 
expressly declared, that until the government shall order to the 
contrary, in all such places for which no wine licenses are 

f ranted, the wine-growers shall be allowed to sell their wi^e ap4 
randy on their estates, by small measure, withou.t thereby beii^ 
rendered liable to any fine or penalty, provided they report the 
same to the landdrost of the district to which they belopg, annu* 
ally, at the time of making their opgaaf ; the said wine-growers 
iare, however, restricted from establishing any tap or wine-hpu$(9, 
.beyond the limits of their estates; or to hawk their wine about 
the country, ibr the purpose of retailing it, on pain of being coa*^ 
sidered aa smugglers^, and incurring the fines and penalties spe- 
cified in the foregoing article. ; 

16. At the public letting or farming of the sale of Cape wifies* 
brandies, &£. at Cape Town, the government grants to the high- 
est bidder an exclusive license : . 

1. To tap and retail Cape wine. 

2. To tap a^ retail Cape, and foreign, brandy, and other spi- 
rituous liquors. 

Both these licenses extend to Cape Town, Salt RiM^r» Rpnde- 
boschy Wynberg, Muizenburg, Simon's Town, and. iall the inter- 
mediate: parts, as> expressed in ,the conditions of sale of these 



318 Ai^ffiNtiiy ifti 

M dto to $wll6ttlK>S<$fc, atid ttU mlier ^kces tbrmighout tbe ctr- 
1otiy> t» wMch the obllgaftimi df tftkmg otit licenses is eitber 
altdftdy« or maj^ In fntnre, be ektemMI. 

S. To tup and retail fordgil wines atid been, wbicb last 

lieebie exiemSs tbrovigb the sanie limits as the two former^ 

with ike extet>tion of Cape Town itself. 

!%• contract to be forfned between th^ government and t!ie 

letpeetlve wine^famers, is fixed by the terms of the respective 



17. Governmenl grants Kceiises wititont letting r 
1. To lap and retail foreign wines and beer, in Cape Tdwn, 

which licenses mast be written on stamps of SCO rds. 
S. To tap and retail Cape beer» which licenses must be 
written on stamps of 25 rds. and wfthont which license, 
DO persons, not even brewers, are allowed to retail Capi 
beer, in any part of the colony. 

All such persons who shall, without having obtained either of 
fkut above specified licenses, hie found to have retailed any of th^ 
liquors expressed in them, will be considered as smugglers, and 
as such, be subjected to the penalties stated in the 14th Article. 

Government reserves to itself to grant the exclusive privilege 
•f brewing Cape beer, both by farm or otherwise, and to make 
stcb arrangements therein as it shall deem expedient. 

IS. None btit burghers of the colony shall obtain the licenses 
mentioned in the two preceding Articles. No wine-growers shall 
be allowed a license to tap and retail Cape and foreign wines, or 
spirituous liquor^; attd the wine-farmers, and those having ob^ 
lained said licenses, are not allowed in anyways, direct^ or 
indirectly, to aissocilite themselves with a wine-grower or wine^* 
growers, or to transfer to them any part of their farm or license, 
on pinn of each party be«oming liable to a fine of lOOO rds. and 
any a^^reement existing between the farmeror holderof a license, 
md the grower shall, moreover, be deemed null and void. 

19. The holders of the aforesaid licenses shall be allowed to 
seU the several Hqttors expressed in their licenses, in such places 
as shall best suit them, provided it be done with the concurrence 
of his Majest/s fiscal in Cap^ Town, or the landdrost or reddtnt 
of Ae place, for which the license is granted. 

The holders of licenses granted by public Jetting shall have 
die right to open as many tap-houses ^, by the conditions of the 
letting^ shall have been determined i remaining, however, re- 
spomfiUe for the conduct of the retailer, by them apoohited : 
and the offenders against any of the regulations established. by 
the present proclamation, or other existing laws, or against sucl^ 
as shall hereafter be established respecting the respective wine- 
f&rmers, and prescribed by the conditions of the letting, shall, 



APPEK0IX G. ' ^Id 

when these offences are committed by retailers, be. nevertheless, 
considered as if they had been committed by the fanfi^rrS them- 
selves, ivbo shall for that reason also be held responsible 'fot all 
confiscations and fines which, in consequence thereof, sball ie 
incurred by their several retailers ; retaining, nevertheless, the 
right of recovering against such of their retailers who, un- 
known to them^ shall have thus offended ; and who, as well as: 
the farmers, shall be held responsible for the consequences 
thereof. 

2a Moreover, the farmers of the licenses to retail Cape wine«« 
brandy, and other spirituous liquors, are allowed the same right 
to. Sell Cape wine and brahdy wholesale, as the privileged wine- 
sellers are allowed by their licenses. 

21. The farmers, or other holders of licenses to retail, are ex- 
dusively permitted to retail the liquors expressed in their respec- 
tive licenses, to the shipping within the limits of their license, and 
to send such liquor on board of ships, for the purpose of bein^^ 
there retailed ; but all wholesale dealers, or licensed wine-sellers, 
are permitted to dispose of their liquors to shipping, either foi*^ 
consumption in the harbour, or for stock for the voyage, in the' 
usual wholesale quantities. ' 

22. No farmer (pachter) shall, however, be allowed to retail' 
any liquors not expressed in his license, without having obtained' 
permission to that effect from the farmer^ (pachter,) whom it may' 
concern, and with the knowledge of his Majesty's fiscal, land-' 
drost^ or resident of the place to which the license or farm refers^ 

No farmer (pachter) shall be allowed to sell, directly or indi- 
rectly, any wine or liquots at any other place than at his known ' 
public tap-houses, on pain, in both instances, of being considered' 
as a smuggler, and as such of being punished according to the* 
14th Article of this Proclamation, in those cases in which the! 
first part of this Article shall have been contravened, and of being' 
liable to a penally of 300 rds. and the confiscation of whatever* 
wine and other liquors shall be found in such private £ap-hoLi!>^, 
in such cases as contravene the second part of this Articles, 

23. When, and for so long as to promote order and the advan- 
tage of the military, it shall be thought expedient to allow can- 
teens io be kept in the castle in Cape Town, in barracks, quar- 
ters, cantonments, or encampments, the farmers within whose 
limits such canteens shall be established, shall have tlie exclusive 
right to retail their liquors in the same ; but they shall conform 
to all such limitations and thAilary regulations, as for ih(3 pre- 
servation of order, and to prevent fraud, shall be deemed neces- 
sary ; and the keepers of such canteens shall be obligc^d to buy 
the liquors sold in their canteens, exclusively of the farmers 
(pachters) aforesaid, on pain of being considered as smugglers, •' 



and liable Aft such to |;un^hi9cnt» according to. the 14th Aitic^ 
0/ this Proclamation. / 

' 24. The farmers and other holders of licenses shall not sell, nor 
qtberwise dispose of, any othfr than good and unadulterated {|^ 
qporsy either wholesale or retail ; and in order rigorously to pre- 
vent any . abuse herein, his Maj^ty's fiscal, the landdrosi, or 
resident of the places where the wine stores, cellars, or tap-houses,: 
belonging to the fiirmers, (pachters,) or other holders of licensies. 
are, are nerel>y authorized to inspect the same, or cause them to. 
be inspected ; and such farmers and other holders of licenses, 
being found to have sold any deteriorated or adulterated wines, 
beer, or spirituous liquors, or to have sent such for sale to the^ 
retailers at any tap-house, cellar, or other public houses, shall,. 
for each offence, be fined 150 rds., besides being liable to have 
the bad liouor immediately spilt, in the place where it shall be. 
founds without any form of process* 

25. All casl^ wherein wine, beer, or other liquors are kept for^ 
the supply of, or delivery to, the regiinental or other military, 
canteens, &c. shall be numbered, and half-a* bottle, togiether with 
the number of the cask, shall be sent when required to the office , 
of the town-major in Cape Town, and in any district out of town,! 
to such officer as shall be thereto authorized by the commanding 
officer of the regiment or detachment to which the canteen is 
attached^ as oAen as may be thought necessary, to have the li- 
quors in these canteens examined, by those qualified to do so ; 
when, on finding that any of them be spoiled or adulterated, the , 
holder of the license by whom sqch liquors have been delivered, . 
shall be reported to his Majesty's fiscal, landdrost, or resident, 
to be d(^t with as expresised in the foregoing article. But in 
case that after the information shall have been laid, it shall be. 
considered by his Majesty's fiscal, landdrost, or resident, ^hat said 
liquors are saleable, and not too bad to be retailed, by the holder 
of the license ; and the town-major, or officer authorized to ex- 
amine the said liquors, shall feel dissatisfied with this award, he 
shall address himself to me, or to the governor for the time being, 
to whose final decision, as to the good or bad quality of the said 
liquor, the parties shall.be bound to submit, without any further 
form of process. 

. 26, No gaming, either with cards, dice, or the like, shall be, 
allowed in any of the licensed houses of the farmers (pachtersX f 
Of other licensed holders, on pain of a fine of 50 rds. to be. paid 
by the former or licensed holder ; and the forfeiture of the mo- . 
ney and other articles gambled for, independent of such oth^r 
penalties as are established by law against gambling. 

27. The farmer (pachter), and other license holder, shall not 
purchase or take in pawn any arms, tools, clothes, shirts, stioes, 
stockings, sheets, blankets, or in general, any necessary or sus- 



Appekdtx G. 321 

pl!Ctedkrtlcle,brought by soldiers, sailors, Hottentots,: frefe blacks; 
or shives, and tbey shall not receive io payment for their liquet 
Mm such persons any thing but money, on pain of a fine of 200 
life, for the first ofience ; and for the second, of having the tap- 
bouse, where the ofience has been committed, shut up ; nor shall 
the farmer, or holder of the liceiise, be allowed to open another 
tap^hbuse in its stead ; nor will the aforesaid penalties exempt 
tfce offender from any action to which he may have rendered 
himself liable, by purchasing, receiving in payment or in pawn^ 
anyarticle that may prove to have been stolen. 
^48. They shall not be allowed to harbour or conceal any sol- 
diers, sailors, slaves, or apprenticed pri^e negroes ; but, on the 
contrary, they shall be obliged to report to the nearest guard, 
eveiy soldier or sailor, who shall be in any of their houses after 9 
a\:]ock in the e^-ening, and insist on remaining there ; and to the 
iiearest under-sheriff, or police-officer, they shall give informal 
tibh, in like cases, respecting any slaves or prize*negroes, on pain 
of a fine, in case of harbouring such persons, of 100 rds.; and, 
sh6ald such harbouring be proved to have been with intent to con* 
ceal such persons,' to the further penalty of the forfeiture of the 
license. 

29* All persons selling and retailing Cape and foreign wines, ' 
beer, and spirituous liquors, shall be obliged to have a sign or 
beard'at'the outside of the hbttse where such liquors are sold, on 
which sbaH be written, in legible characters, m English and in 
I>iitch, what liquors are sold there, on pain of a fine of 100 rds. 
for the fii9t ofience, and for the second, of forfeiture of the 
license. 

30. AH holders of public lodging or eating houses, as Also 
society houses, are obliged to purchase the liquors which they 
sell in their houses or societies of the farmer, or other licensed 
sdter of such liquors, on pain of being punished as smugglers, ac- 
cording to the 14th Article of this proclamation: however, such 
persons are allowed to^ compromise with the respective farmers, 
and in cAse of disputes respecting the terms of such compromise, 
his Majesty's fiscal, the landdrost, or resident, at the place wliere 
snob house or society is established, may, at the reqiiest of the 
farmer, or the holder of such house or society, after having beard 
both parties, submit for my approbation and deci^on, or for the 
approbation and decision of the governor for the time being, the 
sum which he considers a sufficient equivalent to the iavmer, for 
the keeper of such house qt society, being allowed to purchase 
the liquors included in the former's license €lsewhene. 

31. From the provisions of the preceding Article, are ex^ 
cepted ^ wine Und other liquors, wbicb the keeper of public 
lodging ami^tAing houses and sdcietiet require for the connimp* 
tion of their own families^ wherefore, his Mi^est/s fiscal, the 



322 Afpendix G. 

lahddrosty or readetit,at the place where such houi^are, is h&M^ 
by authorised to fix the quantity of liquor deemed suificient for 
their own use ; which, however, is not to be done but with the 
knowledge and concurrence of the farmer whom it concerns,, on 
paio of bebg considered as smugglers, and being punished as 
such, according to the 14th Article of this proclamation. 

32. Whereas the retailing of wine and other liquors, included 
in the licenses of the farmers and other holders, is forbidden to 
all who are not in the possession of such licenses; so, in like 
manner, it is forbidden to purchase wine and liqUors in retail^ 
rom any other but such as are holders of said licenses or fanners, 
(pochters,) under the penalties expressed by the 14th Article of 
this proclamation. 

S3. And in order to prevent as much as possible any evasion 
of the foregoing regulation, no one shall be permitted to carry, or 
cause to be carried, in the streets, wine and other liquors com- 
prised in the licenses, in less quantities than what is expressed by 
said licenses, on pain of a fine of 100 rds., unless the person de- 
tected can show, that the liquor found upon him coknes froi^ the 
former, or other licensed seller, and that it has not been pur* 
chased in a forbidden mode, or obtained by improper means ; in 
case of inability to pay the fine imposed, the offender shall be 
subject to arbitrary punishment. 

34. No licenses, obtained either by farm cmt otherwise, for the 
sale of wine, beer, and spirituous liquors^ shall continue longer in 
force than for one year ; but shall be renewed on the 1st day of 
September in each year, or on such other day as the governmeot 
^all appoint. 

35. The confiscations and fines directed by this proclamation 
are (in as far as no alteration has been made therein by these 
presents) to be shared in the customary manner. 

36. The resident at Simon's Town, and the boards oi landdrost 
and heemraden in the several districts of the colony, are author 
xized, with my approbation, or that of the governor (or the time 
beings to make such further police regulations respecting the'sale 
and tap of Cape and foreign wines, beer, and spirituous liquors, 
within their respective di^ricts, as they shall think necessary ; 
fwhich regulations having been approved by me, or the governor 
for the time being, shall, in the usual manner, be promulgated in 
their respective districts, and be considered of equal forcc^ as if 
-included in this present proclamation. 

r 37. The following proclamations and other laws^ in as far as 
they are uaaltered by these presents, or by the present enact- 
ment, are not cancelled, but remain in full force and effect,' viz. : 
a. The proclamation of the 26th August 1801, as far as^it re« 
iates to the duties oflt tonnage^ (vatgeld,) according to an- 
cient laws and customs. 



AjpfmDixQ. p?3 

6. Tha'proclamafion of the 39th August, 1 804, respecting-the 
. aQQUal farming of the sale;and tap of Capewin^and bran- 
dy, &c. . 

c. The instructions for the wine taster, of the 10th January, 
1 81 2» together with, all such other regulations as have any 
relation to the obligatioo on t^e part of the inhabitants, not^ 
to export wine. from the cohiny, without having been ex* 

I . amlned and approved by or on behalf of the wine taster. 

d. The proclamation of the 24th September, 1813, against the 
fraudulent use of fustage^, condemned by , the wine taster. 

e. The praclamation of the 27th FeVru^ry^ 1818^ against mixing 
Cape wine, with bad foreign. wine> and the exportation of 
8«ch forei^ winesw 

/• The prodamfttionof the 2pth Marchi 1818, conCainins re*' 
gulations respecting the/ measurement of fustage in which 
wine is. kept here, the appointment of a g^ugerv* and the 
fixing of the duty to be paid thereon. 

^« And furtherr all such othdrs relative, to this, subject, a» by 
this present proclamation have not been cancelled or abro- 
gated. 

Aftd diat no person . may plead ignorance hereof, this shall be 
published and affixed as usual. 

GOD SAVE THE KING ! 

Given under my hand and seal, at the Cape of Good Hope, 
this 22d day of August, 1821. 

(Signed) R. S. Donkin. 

By his excellency's command, 

(Signed) C. Bird, Sec. 



APPENDIX H. 

General tmpWts to the Cape of Good Hope^ during the 
, , ■ tear 1821. 

Rix-doIIari. 

Total custom- to use valuation of British goods, being 

the prime cost, exclusive of all charges .... 3,77^,440 

Total custom-house valuation of British plantation 

goods, being th^ value thereof at this place . » • 13^9^ 

Total custom* house valuation of foreign and East 
India goods, imported from Great Britain, being 
the value lb ereof at this place . \ • • • • •. 576^9^ 

Total custom-house valuatioa of foreigagoods, from 
South America, being the value thereof at this 
place . . . . 2,191 

4,371,111 
Y 2 



324 



Appendix H. I. 



Anount brought forward . . • • • • 

Total custom-house vuuation of foreign and East In- 
dia goods, imported from the eastward by private 
traders, being the value thereof at this place . • ' 

Total custom-house valuation of East India goods 
fiom the eastward, by the Hon. East India Com- 
pany, being the sale price thereof •.•... 

Total custom-house valuation of foreign goods from 
the Netherlaudsy being the value thereof at this 
place 

Total custom-house valuation of foreign goods from 
France, being the value thereof at this place • . , 

Total custom-house valuation of East India goods 
from the eastward, in foreign vesscli, being the 
value thereof at this place ........ 

Total custom-house valuation of China goods in 
Portugueze vessels, being the sale price thereof . 

Total Rix-dollars • . • * , 
Add 10 per cent, profit to be remitted . . ; 



RiK-dotburs. 

V7l,lll 

1,254,360 

291,466 

73,033 
43,832 

4,256 

22,164 

6^060,222 
606,022 

6,666,244 



APPENDIX I. 
RATE OF EXCHANGE. 



To March, I8I6 . . 85f 

June, I8I6 . . • 88f 

September, I8I6 . 921 

December, I8I6 . 10?} 

March, 1817 . . uel 

June, 1817 • . • 120| 

September, 1817 • 133^ 

December, 1817 . 127^ 

March, 1818 , . 13o| 

June, 1818 ... 13l| 

, September, 18tS . 133| 

December, 1818 . 121-^ 

March, 181 9 . . 105^ 



To June, I819 . . 
September, 1819 
December, 1819^ 
March, 1820 . 
June, 1820 . . 
September, 1820 
December, 1820 
March, 1821 . 
September, 1821' 
March, 1822 . 
April, 1822. . 
May, 1822 . . 



( 325 ) 



APPENDIX K. 

Annual Statement, showing the Value of the different Species 
df Produce and. Merchimdize, exported from Table Bay, 
Cape of Good Hope, between Ut January ond S\H De- 
cember 1821. 

CoLOiriAL Paoducb. Riz-drt. 

Aloes 55,800 lbs. . . . 174»000 

Argoi 15,060 lbs. . « • 1,960 

Barilla .•.•..«,.. SOO lbs. .. . 100 

Beer 228 gallons • . 186 

Bone, whale 4,600 lbs. . . • 450 

Bmter ....... 76,540 lbs. . . . 36,090 

Cordials 700 

Com, Grain and Meal, via. 

Barley 5,824 muids • • 42,010 

Oats 2,123 mnids . . 10,010 

Wheat-flour . . . . . 10,000 lbs. . . . 2,000 

Curiosities, natural 2,480 

Elephant and sea-cow teeth • 4,538 lbs. . • . 8,350 

Feathers, ostrich . . . • 2,495 lbs. . . . 115,590 

Firewood . 290 

Fruits, dried l6,945 

Gum 1,690 lbs. • . . 580 

Hay ........ 545,800 lbs. . . . 21,370 

Hides, horse and ox • • . 2,732 ps. . . . 14,830 

Tanned 1,050 

Horns, ox ..•••. 3/)10 ps. . • . 270 

Horses . . ; 196 .... 56,9^0 

Lime 2,495 half-aums . 5,840 

Mules ......... 26 ... . 34^ 

Oil, Seal 2,576 gallons • . 2,700 

Whale 6,600 gallons . . 5,690 

Onions I96 muids . . 1,010 

. Oxen 369 ... . 15,460 

Poultiy 2,450 

Provisions, salted, vis. 

Beief < . . 150 

Mutton 460 

Salt 3,538 muids . . 15,7^25 

• Sbeep • . • . • . . . . 2,788 ... . 14,120 

Carried up . • • 573|805 



326 



Appenwx K. 



Colonial Pkoduce. 

Brought up 
Skins, Calf 200 ps. 

Goat 10,208 ps. 

Seal 10,725 ps. 

Sheep 4b\267 ps. 

Wild Beasts ..... 6? ps. 
Stones . ^. ........... . 

Vinegar 5,819 gallons, 

Wine, Constantia .... 3,867 gallons , 

of all other sorts . . 756S74i gallons ; 
Wool, sheep's ..... 12,220 lbs. . 
•Wood, waggon ....*..... 
Zebra ; * ; ; . 1- .• . 



Total Rix-drs* 



llii<4rt» 

. 573,805 

200 

. 12,050 

. 15,920 

. 23,225 

735 

230 

. 5,890 

. 39,430 

1,056,170 

11,850 

1,980 

150 

lj741,035 



Exports of Articles riot Colonial Produce. 

To England, in British vessels . . . . • . . 17,140 

^ * St. Helena . . do.* ." . . .' . . . » 28,430 

South Anierlca andtheWesl Indies, do, . . 39,440 

the eastward * .* do. ' . .* . . . . . . 142,215 

'. New South Wales, do.* .' . 12,0Sa 

' " the Netlierlands do.' .*.'.'.'. . . . 27,350 



the Netherlands', in D'utcfh vessels* 
Bourbon, fn French vessels 



i 



Tolal Hix-drs. 



2,045 
2,390 



271,090 



Total CoJonW Produce. .1,741,0^5 

:i otal Not Cblquial ...... 27.1,090 



Grund.TQtalBix-drs, 



2,012,125 



APPENDIX L. 



(Copn.), 



Slit, 



. Naval Yard, Simoiife Town, 
. 13th Dec; l^^ 



Pu&suAKT 46 ydur orders of the- 15th ultimo, ^ ^g ^o 
aequeiirt you I have proceeded and taken a trigonometrical sur* 
)mj^,of.llout Bay, aicopy of^v^hich I send you herewith) by which 



AppEisri>ix L. 327 

you will perceive it is a very flat and shallow bay, of no great 
capacity. No vessel of above sixteen feet draught of water can 
with safety lie land-locked. It is clear ground and good anchor- 
age all over the bay; but from its exposure to S.W. and W.S.W. 
and the appearance of the pebble stones in the bight, I am of 
bpii^ioh, a very liea^y swell rolls into the bay at times, in the 
winter seasoi^, and after a N.W» or Westerly gale. It may afibrd 
great advantage to his Majesty's ships and vessels (or 4iny others) 
bound to Simon's Bay, when they are caught to Reward by a S.E. 
wind, and cannot weather Cape Point, and the gale likely to con- 
tiuiie: In such cases, I strongly recommend their running into 
Hout Bay, which may be entered with great facility from the 
southward, taking precaution not to borrow too near Ch'apman^s 
Bay and Northook Point, to avoid the shoals, which run offsorte 
distance from the beach. It may also afford advantage to ships- 
bound into Simon's Bay, and a N.W. gale (in particular circum- 
stances, such as being short of provisions or water) blowing, and' 
the appearance of its ctmtinuing. In such cases it might be pro- 
per and advisable to put into Hout Bay, till the gale was over, 
and the weather more favourable. 

The south-easterly winds, during my stay there, appeared to 
Wow steady in the entrance in a diagonal manner across the bay.* 
It blew at times with great violence. With respect to other 
winds, I had very little opportunity of observing how ihey aflected 
the entrance, as the wind was almost constantly blowing from the 
south-east on the south side of the bay. One day, when I under- 
stood from the fishermen it was northerly outside, it was light 
winds, variable, and calms, in the bay ; and in the bight, where the 
buoy boat lay, it was in general very variable. When I came out, 
1 found the wind at north outside, it was then blowing steady at 
BOfth through the entrance. 

There is a fine run of spring water in the bight, where the buoy 
boat lay, which is the most convenient place for watering a ship. 
The casks must be filled on the shore, rolled to the water, and 
rafted off. There are also several small springs of good water, 
near the fish huts, which might be collected into one body, and 
afford great facility in watering a ship. The casks will also, at 
the latter place, have to foe rafted off. 

I have the honour to be, Sec. &c. 

To Commissioner (Signed) J. GoODliii>6i. 

Sir Jahl. Brenton, Bart. 
K.C.B. &c. &c. 



( ^aa ) 



APPENDIX M. 

Extract* from a Letter written to Rear AdnUraJ Roberi 
Flanmn^ by Honourable Hairy John jBotis# Cn^am of 
H* M. Shop Podargvs^ 

(Copy,) * His Majesty's Sloop Pod^rgus, 

, St. Heleim> 2dth March«. 1819. 

"Returking from my cruize in search of Saxemburgf 
hit Majesty's sloop Podargus ran into Hout Bay» on the Ist 
January, 181.9, in a heavy gale of wind from S.E., being short of 
water, and having split most of her sails and sprung her fore top« 
mast in an attempt to weather Cape Point. 

With the exception of Saldanha, there is no harbour so commo^. 
dious, safe, or that has so many advantages, as Hout Bi^y. Situated 
at the^S.W. extreme, it presents a secure retreat to ships not able, 
tp weather Cape Point, in strong south-easterly winds, when they 
could not beat to the anchorage in Table Buy, and in the winter 
to ships exposed to north-westerly gales, when it would-be impo9> 
sible to work into False Bay, and they would not dare to attempt 
the anchorage on u lee shore in Table Bay. 
. Yet with this local superiority, situated in a rich and healthy 
part of the colony, with abundance of water, a large farm a mile . 
distant, which supplies the navy contracts with beef and vegeta* 
bles, and within fourteen miles of Cape Town, it is entirely neg-*. 
lected. 

The harbour forms a basin about five or six miles ia circijun*^ 
ference, where, with moorii\gs laid down, twenty sail of the line 
can be land-locked ; from six to nine fathoms water, fine sandy 
b(>ttom*; high water at full and change at three o'clock; riae about 
sjx feet. ; ^ 

The entrance is remarkably fine and cannot be mistaken, df^H^ 
water on either shore within a stone's throw. The patch of rock>. 
in Captain Rous' plan is a mile and half farther to the westward j; 
and about one mite from the shore, they are visible, qiiite out of 
the direction of ships approaching from the eastward, and may 
easily be' avoided in ninning in from the westward, with a north* . 
westerly wind. 

1 have no doubt that there is a good passage in shore of them« 
The other objection assigned is, that a heavy swell rolls into the 
land, with a south-westerly wind, but this swell cannot dai^e* 
rously affect ships lying in a land-locked harbour, aod soath-weH 
winds are seldom prevalent during any season at the Cape. 



t presume to ^att my opinioii, that Hoot Bay, in ev^ry point 
of view, is the proper situation for our doclc ^a^rj's establidunenU 
Its greait facility of ingreas and egress (^hich was exemplified 
soon after the Cape^first fell into our possession^^ by a French fri« 
gate. having run in, completed her wnt^r, obtained supplies of 
caltle and vegetabl!e», and agaiii nnHde sail with imputiity, in con- 
sequence of which ^ a fort and block-house \^ere c^rdcLed en the 
eastern shore, and a captain's guard of 150 mcB stationed there^ 
during the last war,) the short distance from Cape Town^ both 
by sea and land, the superiority of the hurbuur, ^nd rich country 
sunounding it, render it infinitely superior to Simon's Bay, which 
is exactly the reverse in all (ho8<; leading points. Befiidei the 
diiiculty of getting to Simon's Bay, either in the N*W- or S-E. 
galeS) ships. are liable to be detained three weeks by the latter; 
whereas at Hout Bay, the wind blows out of the harhour every 
morning at day-light* 

When the numerous dangers in False Bay are considered^ and 
the number of wrecks every year, in that aqd Table Bay^ I caii*; 
not help regretting that this excellent harbour should remain 
useless, and that such an indifiereiit situation as Simon's Qay 
should be chosen for our naval arsenfljt** . /.. 



!■■*> t f ^ 



APPENDIX N, 

PROCLAMATION. 

Whereas it has been deemed expedient, with a view to the 
prosperity of this settlement, that the language of the parent 
QOtintry should be more universally diffused, and: that a period 
should be now fixed, at which the English language shall be ex* 
clusively used in all judicial and official acts, proceedings, and 
business, within the same. The long and familiar intercourse 
which has happily taken place between the good inbi^bitants of 
this colony, and the very numerous British-born subjects, who 
have < established themselves, or have been settled here, has 
already greatly facilitated a measure which is likely still more 
closely to unite the loyal subjects of their common sovereign. 
The system which I had previously adopted, with a view to this 
exigence of employing Bntish-born subjects, conversant in both 
languages, in the parochial duties of the reformed religion, as 
establkhed in this colony, has likewise paved the way to the ame- 
lioration now contemplated. 

It has pleased his Majesty most graciously to approve that 
measure, and to enable me to act more extensively upon it, not 
only by having commanded clergymen of the established chureb 



^30 A^p>EiQ4>ik N. 

ofSeodAfid, (Wkose religious tenets afe |»racteiv simiter ta those 
of tfiie' reformed drarch of this country,) wlw have reeeited in^ 
ikmetim iii'th^ D^tcfi langtrage in HoHand, to be gent hkber tto 
be' placed ki-the vacant churches, but by having aathorised conn 
pcrtenft and respectable instructors being employed at public^x*^ 
pihtte, at. eViry principal place throughout the colony, /ortha 
{Mvpose of fiM^ilkftth^^the acquirement of the EngKsh^ kngunger 
toillid^ks^esof soctetT. ' 

Tfcefce teac^bers hdving nolr tlrrived, the moment appears favofw 
Mfe for ri^g'f«li effect to bis Majesty's eomroands ; HAd !« 
tflerefbre, ner^by drder and direct, by virtue of the'pou<er -and 
Mthc^ty in me vesled^ that the Bnglisb language be exclMhrelf 
used in aH joditial acts and proceedings, either in the supreiAe* 
orhi(bd6r courts of this colony, from the 1st day of January/ oC 
the 5^r of our Lord one thousand eight hundred and twenty- 
seven; and that all official acts and documents of the seveml^ 
yiMie dffices of thi» goveHiment (the documents and records of 
the courts of justice excepted) be drawn up and promulgated in* 
the English language, from and after the 1st day of January, one- 
thousand eight hundred and tWenty*five ; and that all documents 
prepared and isauecl from the office of the chief secretary to thir 
gOveauneBty be prepared in the English language, from and after 
ih« 1st day of January next, in the^ear of our LiOrd one thou- 
sand eight hundred and twenty-three ; from and after which pe- 
riods, respectively, the English langua^g^ shall, in such judicial 
and official acts and proce^ngs, be exclusively adopted. 

And that no person nay plead ignorance hereof, this shall be 
pujbiished and affixed fn the usual manner. 

GOD SAVE THE ICIKGI 

GivcA under my .hand and seal^ at the Cape of Good Hope,! 
this 5th day of July, 1822. 

(Sidled) ^ C. H. SoheIiset. 

by command of his Excellency the Governor, 

(Sidled) C« Bi&D, Secrettry^ ' 



( asi ) - 

APPENDIX O: ; 

PROCLAMATION. 

By His CxGsllaiiQy tb^ Right .Hon* 0«D«ial Lor^ Chai4e« H^im^ 
Somerset, one of His Majesty's Most Honourable Priirydiu^ 
cily Colonel of His Miy^es^'s Ist Westladia Regiment, Gover* 
nor 9nd Commander in Chief pf His M^es^y'sCfi^tlet To^Mrn, 
and Settlement of the Cape of Good HQjp^.ifi South /iffnt^ 
and of tho Territories and Dependencies tnereof, and Ordinary 
and Vice^Adndral of the same, Commimdor. of dfe Forces, 
fkc, &c. Scc^ 

Whereas it has appeared to bis Majesty's government that the 
laws in force in this colony, relating to testamentary dispositions 
of property* may, in their operation, defeat the expectations of 
those individuals who have emigrated^ atid become settlers within 
the jurisdiction of this government ; and I .have, in consequence 
thereof^ received his Majesty's most gracious commands to make 
provision in the j^k'emises according to eirc^mstandes : — I do, 
therefore, in pursuance thereof, and by virtue of the authority in 
n^e vested, hereby make known, declare and order,— That it shall 
be hereafter considered lawful, regular, and of full force, for all 
ifsidents and settlers in this colons of the Cape of Good Hop^, 
^ing natural-bom sut^tts of tne United Kingdom of Great 
Britain and Ireland, to enjoy the saane rights of devising tbar 
jproperty, both real and personal, as they woutd be en tilled to 
exercise under the laws and customs of England ; provided, how* 
over, that m case any-such natural born sitibject of the United 
Kingdom of Great Britain and Ireland shall enter into the mar- 
riage state within this settlement, without making a previous 
marriage settlement, (called in the colonial law term ante-nupiiai 
contract) his property in such caso, both real and person al^ sbaH 
lie administered and divided according to colotiUl law^ notwith- 
standing any subsequent testamentary devise, unless such subae- 
^oeat testamentary devise be mado ia conjuticlioti with the wife 
of tbo flirty, according to the colonial law on this head* 

And it is hereby ^rther roado known ttnd orderoi}) that die 
original wtU or testftinent of any persdh dying ih this i^tflbWy, 
sbaM be deposited, as usual,. in the orphan cumber, at t^iipf 
ToWn, m oWle^' to legalize the , administration of the estate^ ^ by 
the Executor. or administrator thereof. 

. >And I do hereby further order and dir^ ffae pitMeirt, or acl^ 
ing presideo^ pf aqy^of the matrimonial courts of this gbVi^- 
,ment, to exjplain cfeariy to fvecy natural-borh subject of the 
Uj^ted Kingdom of Gre^t BriUin uni Ireland, who shall be 
<KtKMt to enter into natrimonilil engagements, and appear for 



332 



APPEKBIX O. 



Ibat purpote before such court, the tenor of this my Pfodiittiar 
tioii ; noting on tlieir record their having so done» that no mai^ 
BMy justly plead ignorance of this provision. ^ 

And in order still further to obvmte the plea of not knowing 
the law on this head, I have caused this Proclamation to be pub- 
KMied and affixed as usual, and to appear in three successive 
-Gaaettes. 

GOD SAVE THE *IKG ! * , ' ' 

Given under my hand and seal, at the Cape bf Good HaffCy 
19tb day of July, 1823. 

(Signed) C. H. SoMsmsit. 

By command of his Excellency the Governor, 

(Signed) C. Bird^ 6ecretary. 



APPENDIX P. 

Total List o^ Civil Servants of the Cape Colony: all of 
whom are paid from the Coloniii Funds. 



EstahHshments paid in Sterling 
Money. 

Qawfknof ^ 10,000 

PiifsSe Secreteij — 500 
Aide-de-CMnp» per day, lOs. 

Cot^iiial Secretary — 5^00 

Hepdty ditto •— 1,500 

Jvdce V. Adn. Court 600 

Amtor — 1,050 

Collector of Castona -~ 1,000 

t^omptroUer of Customs 1 ,00Q 

Bearcher. — 700 

iColfector; Simotf t Bay 760 

rortCapuda — . SSO 

.Widow Bejneveki (annui^) . 500 

AiuMssor Court of Appeals 300 

Becrttary — 480 

tJolooiSl Pftynaster — 1,600 

CbapUun • -• '— 700 

aX^.SImco'fTowii ^ 359 
ComuMipdant. of ditto« . per 

day, 10s. 
Commandant on tiie Frontier, 

tOs. 
Commandant, SOs. 

^^pe^tapi|l«^ of Fire Bea- \ 

cont»lQk 

AgeqttomeCblonj — * 500 

•• K. • • . -t.. £i€jsmt 



Cohmal Office. 
(Heads paid in Sterling Money.^ 

Aasistant GoknuAl Secretary 9,000 

Translator — 1,400 

Head Clerk — 1,500 

f Clerks of 900 each 1,800 

4 ^700 f,800 

9 500 1.000 

1 ^ — ..^-^ ^480 

,Rds. 11,980 




Vaccine. 

Director — 

Two Vacdnators, ItOO each 
Secretary . — - 



.Bdt. 5400 

Lombard Bank. , ., 

President. — 

Three Directors, 1,600 ejat^ 
Book-keeper ' — 

Cashier — 

dark ^ 



Ca^bicr 



DisdnhU 6imk, 



Cwrrkdvp 




Ai?peSdix p. 



333 



Brought op 
Accountant 
Assistant ditto 
Oferk 
Bietienger 



.18,000 
900 
800 
(80a 
480 

Bdt. 80,780 



Stamp Office. 

Commisnoner and Collector, a per 
centage on the amount of stamps 
sold. 



Court of Justice. 
Chief Justice — 

Eight Ifembert, 4,«50 each 
Secretary. — . 

Surgeon — 

English Secretary — 

One Head Clerk — 

Two Clerks - — 
Thrae ditto — 



9,000 
34,000 
6,000 
1,000 
3,000 
11,000 
1,100 
900 



^.Rds. 57,000 
Twenty-seven lower Officers 6,998 



Total 



Rds. 63^998 



Ai/tditor. . 

(Head Officer paid in Sterlmg.) 

Rrst Clerk — i,»)0 

Second ditto — 700 



Fiscal 



Rds. 1,900 
FiicaFi Department. 



First Deputy ditto 
ldi« 



11,500 

j^ „ __ — 4,500 

Seooad ditto — 3,000 

First Clerk ^ 1,100 

Second ditto- — 700 

Chief Executor — 1,900 

Forty-four kiwer Officers 38,676 

Bds.60^6 

fiscal receives one-third of all fines 
and seizures. 



QMector of Tithes Dtpartment. 
Collector — ^;OO0 

at Mm-ket — 600 

S^n lower Officers — «,pOO 

,T/t 7 B4s. 5,600 



Inspictorif Lamt. . 
lns|y6etor — 5,000 

Three lower Officers' 960' 

Bds. 5,960 



Receiver General. 



Beceiver General 
First Clerk 
Second ditto 




Bids. 6,100; 



Skne Kegutry. 

Inspector — 5,000 

Assistant - — f ,000 

Head CTerk -^ 750 

Four Clerks at 600. — ^,400 

Messenger — 360 

Rds. 10,510 

Office for the Sale of Gmpowdcr. 

On each pound sold for consumption, 
■ one schelling. 

Vendue Office. 

Comq;iissary — 7,000 

Assistant — ' 3,000^ 

Book-keeper — , 900. 

First Vendue Clerk — ' 900 

Second and third ditto, 700 1,400 

Fourth and fifth ditto, 500 1,000 

Sixth ditto — 480 

Two Ordinaries, 480 — 960 

Messenger •— 150 

Bds. 15,790 

JFine Taster. 



Taster 

Book-keeper 

Ganger 



3,000 

too 

1,500 
Edi, 5.f (HI 



Sequestrator. 

Sequestrator .^ 

Assistant and Caihier 
HeadClerk' — 

Book-keeper — 

First wad Second Clerk, 750 
Third ditto ^ 

' Carried up — 



4,00(1 
1,500 
1,100 

900 
1,300 

600 

9,300 



m 



AippMMjimVi 



BJMgtktp . >- ." 9.300 
MeMiger and Anctioiieer „ X^SOOt 
^ec^oaMciaeiiger; — SJCX 

Rda* tl/llO 



Fvitier. 

Btokikccpef — 
MMter 

SiCMMlMid third, 790 


i^oa 

50Q 

840 

1.440 

1,«00 

840 

«40 


Rckr,46flr 

: - . • i 
Land -Revenue.. 

AnO^ — llooo 
Clerk - 600 
BfiesMiiger - tiO 


Rdi. 5,540 

Past Office. 

l^ottiMster ' - 5,000 
Clerk — 1*200 
two Letter-carriera, each 480 960 
two Fost-ridcri, each 480 . 960 



tweoty in ^ including Post- 
. inasten m the country, at 
. 500 and 900 — 4JW0 

Rdf. 1«,920 



Orphan Chamber. 



yicc President — 

Four Members. 1000 each 
Secretary — 

Book-keeper — 

Chtef Clerk — 

first and second Clerks, 650 

each — 

Wni and fonrth ditto. ^600 



MeM^ngcr and Auctioneer 
Sec^id ditto . . — 



4,00Q 
1,500 
4,000 
5,500 
4,000 
1.000 

1.300 

1,200 

WOQ 

240 



R09.. 24,240 



; (llead OiBoers piM ift^fe^) 

Collectofs' First Clerk 1,20(1 

Second ditto 90a 

Warehouse Keeper 1,800 

S48»ch^r!tCkrk -^ 1,200 

Tide Sarteyor — 240 

Five Tide Wm^6ci» Tfe^lSlfCh 3,600 
Messenger — . • 360 

R^ 9,3(K> 

Comptrollers' First Oerk 1,200 

Second ^tto ,.. 900 



Cu$imn$y Simon^s Town, 
(Collector pud in Steili9&}; 
Cop^troUer — .2.000 

Cierl^ - - — . 7^ 

CoUector's Cterk — , 1*000 

Second ditto — 720 



Rd3,M49 
fVharf Office J Cape Tami. 

Wharfmaster — 3,500 

Two Clerks, 720 each . 1,440 



B^4.94flr 

Port Ofice, Cape Town. 

(iriead Officers paid in Sterling*) 

Deputy Port Captaiii . — 1,?60 

Health Officer ~ 600 

Boatmen — . p,94^ 



Rdf. 4,500 

Port Ofice, SmorCi T&wn. 

Harbour Master , — 2,9po 

Coxswain — "420 

Six Sefroetti 300 each l«80O 

Gaoemm^ni Garden. 

Supefintendant — ^. ^W 

Orerfeer at Newland, 3s. stei^ 

ling perjday. 
I atCamp'5 Bay ... . .360 



Canted up 



1^060 



AkTKKDIK ^ 



3«5 



i BroHf^tupr *— 


1,060 


Gj^ener — 


600 




540 


i*kivglimaa . *-^ 


144 



Rds. 9,404 



Gffoernmcnt JSUme Lodge. 



Director 

Burgeou — 

Porter — 

ITiree Overseers, 192 eiwh 
Schoolmaster ■ ^^ 



1,800 

1,500 

19« 

576 

96 

Rds 4,164 



I'vib Schoolmasters for Chrn- 
tian Doctrme, 240 each - 
-font fioatmcD, Algoa Bay, 
■ $60 each — . 

'Agent of Somerset Farm 
Surgeon of Health, SunMi's 

Seboohnaster, ditto — 

Ptwsician to the Gorermnr's 

Household ^ — ' 

Instructor of Midwives 
tyommandant at Fort Frederic 
Commandant at Robben Is- 
land, lOs^ per clay 
jWaggon Blaster — 

.Overseer to Civil Offices 
^pol^biader to Government 
.Oyerseerat Outaniqua Land 
KngUsh Schoolmaster to Go- 
vernment Slaves — • 
instructur to the Lepers ' 



480 

1,440 
200 

500 
200 

600 

500 

1,200 



600 
300 
600 
360 

360 
600 



Rds. 7940 

, Burgher Senate. - 

President fdr three yean 3,600 

Tiire# Members (no pay till 
diey become Presidents by 
. Mtation) 
Auditor and Comptroller 3,000 



Secretary 
-Treasurer 

Head Clerk 
"Second ditto 

Tbiid ^tto 
-Fourth ditto 



Carried up — 



2,500 

1,500 

600< 

480 

48k) 

360 

■ ■ » t 

12y«20 



Brought up 
'First Messenger '• -** . 
Second ditto- — * - ; 

Town Overseer — 

AssisMiit i — 

Overseer of Canals and Pumps 
Officer of HeaHli — 

Late ditto — 

Postmaster " — 
Messenger — - 

Secretary to the Town Engine 

Office — 

'Messenger to 'ditto '— 

Superannuated Pumpmaker 
Overseer of the Town Negroes 
Ditto of Tdwn House — 
Ton Man, (Sunday Toll) 



12,420 

' 4iO 
800 
360 
240 
150 

150 
60 
120 
180 
120 
150 



Rds. 16,210 



CAPE DISTRICT, 

Landdrost - -^ 

'Setretary — 

Headdetli -^ 

Cashier of the Tolls -^ 
Fust Clerk -^ 

Second Clerk — 

Inspector of Roads — 
Messenger -r 

Under-sheriff — 

Six Police Riders^ 30P ^acU ' 



4,lk)0 
2,000 
600 
360 
500 
300 
1400 
T50 
600 

:i.iop 



Stfelienbdsdh, including 4,500 

Rds«-for the Landdrost 9,760 



Sxoellendam and(Medo^ 



Landdrost 
Deputy ditto" ' 
Secretary , 
Deputy ditto 
Lower Officers 




Rf]8.;L6,104 



TMagki Ck^miUkim, and 
Worcester. 

Landdrost, Tulbagh ^ 4,500 
Deputy, Clanwilliam - 2,000 

Carried up — 6,500 



Af«ek0ix'P. 



. BfMfbiap ; -« 6,500 
JUircrOAoen. -^ 9,640 



Rda. 11440 



Gt&rgt. 

LipddfMt — 4,500 

Secretary — 1,000 

MotaltheKn^tiift — 800 

Coiswain ' — 480 

Si Rewen — S460 

Lower OAcert — 7,991 

! , R4t. 16,951 

OrmfRewut, Cradock, and 
Bfou/ort. 

Landdrott, OrMf Rejnet 4,500 

Deptttjr, Cradock — 1,000 

Depatj, Beaufort -^ 1»000 

llinitler — 1,000 

Tkrae Field Coranandot, at 

dOOeach — 900 

Twenty^^x Field Comets, at 

100 each — 5,100 

Umw Ofloen — . 1^,969 

. Bdi. 31,569 



OlM^FieMCoaiittaiidaiit 300 

lflMVkldConieti»100eM:h 1,800 
Other Olieen — ii,414 



Bds. 14^514 



Bidimni. 



— 600 

V^wrFMiConiet^llOeach 800 
Otiitr<Htan — 13404 

Bds. 14^504 



GOVERNMENT RESIDENCES. 
SjOOO 

mo 

410 
4.010 



fIntCletk 

^ - — » ^*« * 



Caniedvp -. 



Bmoght op • •*- ' 4,010 

MtaatMer — 14O 

flader-sberiir * — ♦ t$0 

nine Constables, 410 each 1,160 

ThfBC Kaflres, 80 each 140 



Rds. 6,010 

Saldanha Bay, 

Resident . — 600 

Coxswain — 410 

Fonr Beatiiien — ^ - 1,440 

Two Signal Men ' ^ 710 



Rds. 3,180 



Mo$$el Bay. 



Resident 
Overseer 



60O 
77 



Rds. 677 



Flettenberg^sBay. 

Resident — - 600 

Labourers — 14^ 

Signal Men — 144 



BuckBt^. 



Superintendant 
Overseer 



Rds. 888 



500 
600 



Rds. 1,100 



CLERGY. 

'R^bnttd Ckui'ck* 

FintHCinsler — 1,500 

Second and TUid ditio» 1,300 

eMh — 4,600 

FintClefk ~ 6i6{ 

SecxMMldilto ~ t^t 



ScKlan 



Fsfitirall 




Oof^mam 



Bds.ltS 



Appknotx p. 



as? 



Ettgiisk Clergy^ 
{Colonial Chtplain pahl in Sterliag.) 



Church Clerk 

Sexton 

Messenger 



350 
50 



B4k.70Q 



Simon's' Bay. • • 

(Chaplain paid in Sterlhig.) 

Clerk — • 150 

Sexton — 150 

BeJI Kinger — 100 

t Rds. 400 



S^lenhosck. 



Minister 
Cleik 



Minister 
Clerk 



FaarL 



3,00(1 
199 

Rdt. t»199 



«,000 
«40 

Rds. f,«40 



Cttlcdm. 



Minister 
Clerk 



t.OOO 
177| 

Rds. «,17r| 



Minister at George t,000 

Sweliendam 3,000 

Tulbagh 3,000 

Beaufort S,Q00 

Uitenhage 2,000 

Graaf Reynet 3,000 

Somerset 3|Q0i^ 

CianwUliavi . 3,(K» 

Caffraria 1,000 

Officiating Minister at Somer- 
set — 144 



Eds. 17,144 



Fensioiiers amount to Rds. 18,344 



Allowances. 

House to Secretary -- — 3,000 

Landdrbst,jCape 



— — i— Messenger, Cokmial 
Office ' — 



600 
400 
Rds. 3,000 



( 33» ) 

APPENDIX Q. 

The Number of Houses in Cape Town is 1478. 

The Number of InhMtants in Cape Town. 

CHRi8TiAHt.«.MMeii above l€ yeaifB of age 2,27^ 
Women do. 1,924 

Sons under l6 . . » ;lfi9^ 
Daughters above 25 . . 129 
Do. under 25 . . 1,979 



Fait 4lLACKft..Men above \6 years • . 4j&Q 

Women do. ... 537 

Sons under l6 do. • • . 370 

Daughters above 25 do. . 12 

Do. under 25 do* i 379 



8,003 



AppRtVTiCBt...Male above \6 years . • . 363 

Do. under l6 do. • • • 9$ 

FeoMkAbove 12do. • . 197 

Do. under 12 do. . • 1Q9 



1,758 



HoTT£iiTOT8....Male above l6 years • « 110 

Do. under l6 dp. • • . 89 

Fenafe aboiHe 12 do. . . 172 

Do. under 12 do. • . 91 



SLAVia..M-M«...Male above l6 years • . 2»833 

Do. under l6 do. • • . 1,566 

Female above 12 do. • . I,J^ 

Do. under 12 do. . . 1,213 



765 



862 



7,534 



Total . ^ . . . . 18,422 



Nmmhtr rf Inhabitants and Deaths in the Caps Distkict 
(excbmve of Cape TownJ, Tear 1821. 



Men 766 il 

Women 558 9 

Sons 541 7 

DaojIitNS 595 4 

Seoanis % • • • • y^ .• 

2454 SI 



Appendix Q. 








Deaths. 


umber, &c. brought forward. . 


2554 


31 


Hottentots above 1 6 years 252 


9 


Female do. 14 


227 


7 


Hottentots under iff 


200 


.. 


Female do. 14 


158 


,, 


Prize Negroes above l6 


245 


4 


Do. under l6 


S7 


3 


Priae Negroes above 14 


43 


I 


Do. under 14 


31 


.. 


Male Slaves above l6 


1,896 


50 


Do. under l6 


474 


», 


Female do. above 14 


6*58 


41 


Do. under 14 


498 


•• 


Total . . . 


7,273 


146 


Total Inhabitants— In Cape 


Town . 


. 18,422 


Cape 


District 

:r. 


. 7,273 




25,695 


APPENDIX 




MEMORANDA. 




A legger of wine contains • 
An half-aum (aam) . , . 


. 152 


gallons. 


19 do. 



339 



Tbe Cape-Dutch hundred of pounds are 108^ English pounds, 
avoirdupois. 

The Cape paper-money consists in stivers. 
6 stivers • . • . 1 skelling 
S skellings ... I rix-dollar. 
The old original English penny-pieces are current for two sti- 
vers. — ^Those of modem date, and halfpence, are not current at 
any price. 

The Rhifiland foot is the measure used at the Cape. If an 
English foot be divided inttf 1000 parts^ it requires 1033 for a 
Rhinland foot. 



zf 



( 341 ) 



NOTES 

BY THE EDITOR. 



I. 

PAPER CURRENCY,— Sec p. 35. 

. The depreckuion of the paper-currency of the Cape, at the 
Inordtiiate pitch of degradation to whkk it hat ftunk, is an evil of 
the utmost magnitude, pregnant with ruin of domestic traffic and 
ef fomgn commerce of the colony. It unhinges all dealings that 
look beyond the passing day ; for no man^ who enters into piio- 
specttve eng^^meois, can, with any semblance of probabili^, 
foresee what value he may have to receive or to pay on their 
fulfUment. 

Debtors are, by such enormous reduction, of the currency, 
enabled to lk)uidat« their debts with less than half the tmX 
-asMunt which they borrowed ; and in the uncertaintnr attepdiog 
a flttctuadng value, apprehensions are entertained of tne contrary 
resoh* Persons contracdng ei^agements to be. perfmned at a 
distant temit ma^ fiear^ and actually do so,^ that they shall have 
to account at a rature day Hmt more then twice the value recdved 
by them. 

Lang credit, er loan at a distant term, upon real secunties or 
substantial soretses, has tieen an ordinary naMNle of deubng al the 
Cafe; it Is yet clung to> amidst the distress of the coloi^, but 
- fbe oonditioii of the cdomal cunency has soriously Aabtn it« 

The degradation, of its paper has been progressive, since the 
unlM^ipy measure of Atifme&ttf^[ the tjuaniity of it. Alreai^ 
the conency overabonnd^t as was evinocd l^ the price of bul- 
lion^ and ordinary nie of foreign exdraDge* which demonstisaled 
dqnectation, varying AeobfiO to 30 per cent, when, in an ill vae- 
meot^ the local ^ovemmeni was induced, on very misudwil 
gvoundsy to resolve on its augmentation, while ito (KmioutiQn 



342 :son. I. 

^ould, on the contrary, have been determined. This measure^ 
injudiciously begun by one administration, and unwisely com- 
pleted by another, remains yet unamended by their successors. 

From that time the local currency has proceeded in an UBTa- 
ried course of rapid depreciation, which is now come to the enor- 
mous length of 180 per cent, premium, that is, paper-money now 
exchanges for no more 4ban-36-{»er cent, of the value for which 
it was issued. ' ' . 

There is nothing in prospect to check its further degrad^oa, 
until it shall have sunk to the condition of decried paper. Those 
whosufier b^ its lleplolalllt c^nditibn^ have no^ voke for the ap- 
plication of a suitable remedy to this galling evil ; and those 
from whom the remedy must come, are no sufferers by the conti- 
nuance of it. In this remark OP^ reflection is intended. Expe- 
dient measures for alleviation of an acknowledged evil, have 
doubtless been subjects of deliberation; but sympathy, and a 
consequent keen sense of inconvenience, would be prompt tofmd 
and apply a remedy for its relief. 

The first step requisite is -to ascertain the oause ; and from this 
point a question arises, whether the proximate cause be o«e 
fttnMdiaWe by ikiMsvres proper to be adiopted bf miitlii»rrty i or 
whethdr the grovndv of tlie evil ana to be aoogbt lan^et^ a^ .m^ 
nitdies AsepierF 

' The proximate cau«e of depneeiaitiion of the local ottrrenejr K 

-im doobt^ ^etM of impoitation The goods imponted^xtfted 

the amk m of p«^mem**^a irtoatloii n^ unottuai in a Brkiab^oiK 

^onf. 1%€ Capi»i indeed, like 'any other <eo«uiiry, xealv^iiadniise 

no more than it can pay for, or only so much more asila crttdit 

itdMers. h doM reoelTe, or has nooeived, moit tbaos the ailae of 

*e)tpoM» wbleh^it Oan furnish in t^tMirn. The mporting meiohait 

'^a«bMllCbhfeiitl»«ii4dW!cr^«Kt to a iiniice«l extent*. Ummn- 

^^handiie has bt^en vended for his aiccount^ at a. senaiag, profit, 

efid apparent paymenchaa hvai reeedcsd m cmtmmcy: tM ite 

^a» fbuffd, tbsit h4 has ail inet&ctite payment, in 'peper^money, 

-wcrtaiKleqvMiMy «oiHetti4le into cempaient reltiinft.uf goodafbr 

export, or bills of exchange for remittance. Paper^monc|y^ aceQ- 

' iD^M^d i^ dieiiaii^tf of«itc4i:p6f8ons eisger tb vffetiMm^iacices, 

vs^ d«pre^ia«ed by tiieir eompetitioii* Mutb nenami m^im- 

'ftppojfiited c^mpetiiere ( and 4ying unproductive in their hifBdl, 

oet)affldh«^(j«ipi^d%gn»diBtiiNi>ofthe cettrt-noy, froaa > their 4}uii^- 

'HkeS tAoettkas w accennplifth a r^wiittaffire of theirteids; ^Yet 

the tHifiic of Inip^matiiAi iptoc^iit^nndmc ^e dhtnon of^oMiriDg 

gain V fc^ Irenb imports tttte sotd at advanced ^prices, afiiovdiag ^a 

iftoiillniit profily'ttccordiiig it^ythe pttesent Jttte :^.excliaii^ ;^«nd 

-#tn>thi;f¥l^radation ismitrar^ly iJki9temM, heiisreTetnroa iMq^be 

'^tsUmeil, itikvcfc the same cocifrse tan hot be^llowed' b^iiike 



Uplm tUf ntw^ wtre k propoi^^ to tlMOwtigd imj^rtatieni md 
iDHer CMBflMNce^ or (to piomote tmi» 9m4 cnooimge the gr»wtii 
of «K)iOflftU«» proihice, die. aniwer would be» thai the latter is 
iMgbly e3ipe4ient« but ttfdy ; and the former it impracticable, or 
mwdt tta h ic w We nomit look then further te a primary causey 
Miscepliye of leme piomft remedial application. 
- The pepeivcticrMcyy M already iatiMialedy overaboundt. It 
HM ittued m esceaft, uiider a mistaken view of the interests of die 
irobtiy^. and» aAdiough the population of South Africa has sinc^ 
" inmesedy'aad plaMUJens have been widely extended, the papeiv 
mmmy ihen mettkd aad piil fovik, sitil eootinues to be greatly in 
««ces9 above the wants 4>f circulation^ 

4i'i Tbia tra^ is pnwed by iwe very decisive fiicts, indepetideady 
of the presumption arising from the price of bullion, and rale 
«fe«etiange. Those facts show, conclusividy, tbat the greatest 
^part of Ibe papernnoaey is actaaUy net in circulation, b«t 
jet apart, md laid hy in public. er private cofiers. The ^depo- 
•sits in tbe bank commonly amount to more than. one-third of the 
iwbole fl|«Mitity 0f^per-mon^ ; they are deposits of individuals, 
^bdmwn iram ciiculatioa. Much more thaa that proportiour^ 
«M»rB thim tare tkbr ds of the total amoant, connst of aotesofa 
ia^ie 4eMMunatlMi«f^langer than sore suited to the purpoaesof a 
circulating medium, ami larger thaa are ever actually aeen *in 
•dttwney $ the papur money, is chiefly in notes of 600 rds. 
. Mwihctarrenry is not needed at tbe Gape. Most transao- 
4io»s of . flwgnitisde in the town are liquidaled by baok.dmlb. 
{S ttpp l tf s>feem tbe imtmtry to the town (catde^ for examfde) ate 
jViieiitUy paid for by dmits. Country dealings ^ftry usually con- 
iast in baiter; no wonder then that so great a sum as three asll- 
KeiiS4if ria-doUam sbould have been an ovel'-issue of pupmr^ and 
. ih e ai d contiape to beexacisive. Hie surpktt is a dead buiden 
lUpdSicamlal ; else not superabundant, and very ill able tp comK 
i^poft wita tbe ttnproduetiveness pf so eonsidemble portion of it. 

Tbo'^bct of an over-issue of papeivmoaey, in rendering |eo 
igmat « portioBi of oapitai ihas unprofitable, has weighed the 
«b«avieryin conseouencejof a measure that was adopted aboatly 
afterwards ; tbe Ascentinuanee of an accommodatioa wUcb pfff« 
fioiialy was afierded, of allowing tntermt, on deposits at tbe pub- 
.liebanki 

A prudeat ooasideration for theeafety of tbe bank, and of the 
govereOMDt,' which was answerable i» its transactions, chctamd 
.<bat>aseaannr^ > Tbabiisiness.of <lbe bank, in rmpectofemployi^ 
deposits, was, perhaps, conducted upon not right banking princi- 
ifilesi Tbk bank, in nsingtfaat maeey, has been saad to bave been 
■ maa a pjl imther .ae a cbaatafale iastitudon than as a meaey- 
.ideiKiHg fisnd. Want mas. a betl^ title to early atteatioa than 
•^fkubmpe* Tbe needy appUcaiit mese readily obtained coiief 



94tk HOTB I. 

hy loan, than the w€ftltli^ appKeuit, acconmiodatkiii* r if hxi^ 
mane feelings are to be cktefty cofnolted in mooey-lettdkigy tiiil 
mm right ; hot not to, if the security of aureat ptib^ «tt&i»fe^ 
ment was to be a paramount consid^ation. A better miodeeiir 
management might, perhaps, have been introchiced > bbta'riMM 
course was taken, and the whole system was discontinnedv 

For want of means, by which capital, aw«ttrog|iertiM|nent itH 
iFcstment, or reserved for a special tlestinalioii, cmi be made^tew- 
^rartly profitable, none accumulates in South Africa. FasiMtyctf 
tendering sums, great and small, productive, operates, ^hefevietit 
exists, as an incentive to frugaiity, and beccunes the oceasioii ^ 
accumulating capital. There is no public fund, nor institQti««i 
at the Cape, affording such means, and for that reasoa there is no 
capital saved, or there is none retained. 

Owing to the same want of public securities, is <iiat ^etref»e 
vrgency for mercantile remittances, with the consequent perpe* 
tual pressure upon exchanges, which has been noticed. If ci^ 
tal, awaiting remittance, may meantime be securely and advan- 
tageously employed, without ibregoing the prompt command of 
it, remitters may be content to expect a favoan^e torn in tlve 
rates of exchange. But if money is to lie idle while it remaittB 
unremitted, a present definite loss is submitted to, sooner tlHm 
Jieep it unemployed, watching for doubtful comtnigendcs. ) 

Every one who receives a fixed income, whether from pnblk: 
salary, or from individual resources, is a sulkier by' the degnula- 
tlen of the currency. The government itself is a loser, since ifs 
land Ttimme (as well as certain other branches of thee^lonii^ 
resources) becomes less efficient to defray the p«Mie ebaigea. 
•Prices of aU things are enhanced ; salaries of office becewe ina- 
dequate, and must be incieaaed ; every evpenae is -cogiseittetf . 
The gbternmeat draws some direct benefit from thefipapeiwcw- 
rency, through the Lombard bank ; but this profit, ansn^ firom 
inteiest upon so much of the paper^money as has been issiMfl 
by way of loan through the bank, fidls vefy short of the loss sus- 
tained* The ag^n^te of the revenues receivei in: a degraded 
carrency does not go nearly so lar as it would, divested of Au 
profit, and levied wholly in a currency of rein&atad vsdue. 

Interest, derived on papeiHBoney created for foaaron asort- 
gage, might be an unexceptionable source of benefit to the gn- 
vemment, nubile ptper so issued bore no «liscbi»t, tor very M^. 
' Bist it is not a fit mlvantage to be retained, whilv atteaded wifk 
ao serious an evil as a decrkd currency: far such is papa i miHsej, 
which has sank to a discount of <^5 per cent. 

The same nay be said of that portion which was feaaicd^ aad 
imaed for disburseoients of the British goveraaieiitaa'actSDatM of 
the pabfic service ; for instance, the i w a un t applied to ihi aaa 
i k acti o a of pabBc boiMwy^ and citated far timt ^ 



Tfae Mhr^iilage of raisiiig.iiKmey, by contracting a debt: free of jn« 
larest, to defray works of general utility or of cok>mal service, was 
nsobjcdiooable,. so long as it entailed. no inconvenience* fiat 
whenew^' the pn^r issa^ for such occasions fell to discount* in- 
eoaweoieiice had then arisen, and the loiter cointinuance of the 
debt beeame seriously objectionable.. It should be remembered^ 
tbat ereation of paper-money by a goremment is a mode of bor- 
fowtng wkkout consent of lenders. Certainly th^t should not. be 
persisted in against consent ; and great depreciation surely is.a 
very strongly pronounced diascnt. The amount ou^ to have 
hemi withdrawn, and other means fallen upon to provide for the 
exigence, 

For^ nuich of the colonial paper-money, as was a debt of the 
Dutch government of the Cape of Good Hope, the British go-^ 
yerament must be considered to have succeeded to its engage- 
ments. Great Britain, it may be said, is not answerable for that 
debt, as bearing on other funds and resources, more espedally 
•ioce. the state has already pdd once wha^was framed and .issued 
for the public service of the British government, previous to tbd 
vestoration of the Cape to the Dutch. Yet the debt must he aio 
knowledged as a butdeh on the territorial revenue of the Cape; 
mad Great Bntain, possessing the colony, is responsible tosee itf 
debt made. good. In any view it is an incumbrance upon: the 
colony ; and having become sorely inconvenient in one formfnol 
to say utterly incompatible with prosperity, it might be put at 
least into some other shape less detrimental ; and the charge of 
effecting so beneficial a change may be very properly defrayed 
out of colonial resources. 

Upon these considerations it is suggested, that so much of the 
paper-money outstanding as exceeds th^ wants of circulation, 
ought to be withdrawn; and for this purpose debentures, bearing 
legal interest of the colony, might be issued in exchange for it, 
vpon application and surrender of an equal amount of paper- 
money to be cancel led. 

* -The fund for fmying the inter^t of debentures would, in. the 
first instance, be that which is received through the Lombard 
bank, for loans of paper-money, issued on real securities. That 
fund would nearty suffice. A reduction of the excessirve quafi- 
itty of paper-money is the appropriate remedy of its depfech^ 
iiori; birt there is no positive necessity to call in the whole of it. 
» ' Paptiir-currency, kept within due bounds, \i expedient, and 
'pertiftps requisite, in a small colony, where iroportiition inevitably 
equiil^, often sul'passes, and always manifests a tendency to ej^ 
eeed^'the^mean^ of making returns by exports. 
' >Th)^i^^an be no doubt, that diebentures W06ld be taken for a 
•great pfifrt of the outstanding paper, and not unlikely for the pre- 
^cise<iU»oufit,%htch4sftar0U^to tho'Watvtsof ditctllatiion/And is 
laid up in the coffers of the bank, and of private persons. 



84d XDT£ I. 

- No s|)|irttberaion need be enterttkied, tkU the wMe onratttit 
•f pspcnMiione^r will be exchsiigMl (or debentufet ; mud that mm 
ncomowdiOQt w»Dt of a aediiim of circtilaHen will, ta eotiw^ 
ifvence, be experieneed. Were tbe case lo happen, of ^ vbcte 
paper-money being brought in to be cancelled, theopenlMii 
oottM not be 90 8tt£lenly perlbrnied, but that the paper mc^ldhb 
seasonablj replaced by a metallic currency of Spanish doHaH 
and other coins, passing in countries which have dealings with 
the Cape. 

Without entertaining any fe^r upon this score, it may be pro^ 
posed upon other grounds, that the plan of issuing dibentorai 
should include a provision for the re-issue of paper-money ia 
eachange of debentures, «tpon application lor that purpose, and 
surrender of the equivalent amoimt. In short, the scheme suj^ 
goted is to Hiake paper*m^y and debetttures tnteacban^eabk 
ac she option of the holders of either. 

The frffeet, as is peeMimod« would be, that whenever curreocy 
iopeffabonh^, theaurplat, above 6tt wants of circaladon, wovM 
be brought to the treasury to be eMchanged for debentares ; and, 
wbeaever currency was wanting, and the ifnautity in circtdatifia 
ma deicieat, debentuies would come in to be 4fxchanged Ibr 
|Hiper*>nKMM(y* Matters would thns regulate thrass gives : no niom 
of it would remain in circufetion than is wanted:— no mote we«dd 
be wilhdr«wn kom it than can be tparad^ 



11- 
VENDITIE.— See pp. 42, 44, 77, «tid 104. 

A FRiEMiH purposti^ to attend a public salf^ in a rem^ ^aat 
4if Zwarlland, invited me to accompany iiim* I availed n^sdi^ 
of this opportunity to see the humours of a xeaditic. An auction 
in the country is an important event for the vicinage. It furnishes, 
iwhat is there extremely rare, a cheerful pastime. A wedding afid 
fin. miction are the only occasions of lively aiusemblagie. The re- 
port of boers, with their lajniUfes, from the neigUbonrlkOod, is 
feoeral; from dislaJU places* frequent. The ladies repair to ^ 
v0$dUki dressed as for a gay a^sembly^ The men report to it i^ 
they wonld to a (air or a country wake. In the preitent ^nstn^ce, 
pen^e flocked to the sale from a dlistance of two 4nd three. diyw 
journey* The visitors are received as guests : a public dinner is 
given ; and if the sale be proloi^d t9 the following daytHiSvippAr 
4ao; ^md aginn^ public dinner on M)e morsow* MeantimOrWine 
without stint is poured forth to all comers* fcom.morniiig till mght. 
£<^ 4(nucb i«.bospi|ab)e em^tainmeut tN(|>ected at >» nmii^ W^ 



f^ atOib vC fow iur^le» or Ual^,«|aiu<ey wh^ i^ muh fisMl ii 
n¥Mi9( Jo |>f given* tb<t notice of §ale iocludet ao i»tiii»a(ioii of 
the omission : '* No liianer wiU be givfi^ but a goo4 glau ^il 

. Tbe /iceneof a vtniitk is aot unlike a«ountry fair««nid^i9ii|HU 
siflt^M^ of iMny a picture .frofn tb# Flemisb scbool. Me^ry 
mv^ikrs^ grouped in one quarter; spts. lying drunk in«tt<|ther: 
bm»y dealers trafiickinig in one place : tbe auctioneer perched 
upon his w{^gpa,slowly vending tbe tardy lots; vebiclespf divert 
Mud» around : cattle, impleinents, utensils^ tbe subjects of sale, 
spatlej:ed abpat^ At a 3ouib African sale* a variety of. dress and 
figure, countenances and complexion^ adds to tbe diversity of 
a scene, to wbicb Dutcb and Negro, HoUeaUMs and Mabiy, 
equaUy coutribute* 

, Tbe land-boer, at wbose bouse tbis sale took pjaqe, bad not 
long beibre made a similar one^ to e0ect a distribution of property 
be^weea biqi and bis johildiii«» upon tbe dec<^ase of bis wile i ior 
in virtue o( conrniimity oi property between husband a^^ilt 
ouder tbe Dutch law, tbe demise of one involves dissolution of 
partnership, and consequent partition of e^scts in favuurof tb# 
beirs of tbe deceased : an impolitic law, as at coucerw land. Tini 
^«^asion of tbe present ^sale was di^ust taicen by the boer,.a( « 
COfnplajnt having beenientertaitted a^nst bins, as preferred \w 
one of his sUves, for alleged ill ,usage> It "was dismissed on triaV 
and the slave punished ibr a groundless and frivolous complaint : 
but tbe old boer was so indignant at having been rendered an>en« 
able to a court at the instance of his slave, that he determined It 
felinquish bis farm to his eons, and retine from active occupatioii« 
In consequence of ibis resolution, tbe sale took place, and was 
little more tban nominal, as every valuable article was bought in 
or withdrawn, to tbe no small disappointment of those who did 
apt, likemyeelf, c^me to be merely spectatoet. 

The old boer was in peison an apt specimen of tbe ancient 
€0b>nisU of SoMtb Africa* Very tall and very corptiklit, be but 
just passed tbnough the ample doors of hie dwelling. SuppnrM 
by his staH^ be slowly stalked about^scaUering bt» surly, responset. 
In this last respect he differs from bis countrymen ; who, in ge- 
neial) phlegmatic as no doubt they are^ yet are affiible, i^ood'* 
tempered, end not devoid of gennine but coarse buroeur* 
. My saddle behse having iallea lame, I was obliged to renNun 
wstb 4ny iellour traveller^ sharing his tiavelling wi^igan, so long as 
lbeobjf»clsof Us journey detained btan; vblcb included a vkst 
to nnotber venditit, two days afterward*, in tbe ficiivtyof Rie^ 
b0ck'$lUsteel, a bill, ^hicb, with tb# district bearii^ its naiaf, 
I mm- not aorry to expieutt, Tbe sale takings place iwe qufle a 
difrrent reason kom ^ former, (namely, liquidation of diHl>ta,) 
wm kfls ibe soew^el^ ii^UI^<and fr#lic>. and badmpra >lbff:air.#f 



SI4& NdrrE'ii. 

att MienibUige oti - bitthieai. Ferhaps, dittsrence of weather; m' 
ike one Imunce nuny) in the other ftvltiy, contribatedto the ^^ 
i^enity •£ the fcenety and diffMeni tone of diem. 

I here witnesaed, for the first time, an auction of slavet in 
South Aifriea. It is condacted aonewhat differently from m 
sale of negroes in Bmsil, and from that of domestic elates in tto«> 
East Indies, in both which countries I have been present at 
thn touching scene. Many of the slaves, both aroofig those who 
were to be sold, and among those who were reserved, appeared 
to be deeply affected by the approaching separation from friends 
with whom they had long shared servitude. Several were bathed 
in tears ; others lamented aloud. 

The subject exposed for sale is placed upon a table, for more 
convenient view ; not bandied and closely inspected as at a sale* 
df imported negroes in South America, but interrogated as to 
quaitncation and blemishes. Upon such occasions, coarse jokes' 
«re not unfrequent, and greatly add to the disgust which the 
scene cannot but Excite, in a mind endowed with sensibilily. in* 
ikie present instance, there was little that passed of this nature. ' tkt 
sale proceeded gravely and simply, as a mere aflair of business. A 
wommi,with (iHir young <rfaildten, was the most remarkable Kit: 
ttid scarcisly had the sale been concluded, when a profit on the 
lot was offered to the purchaser, and accepted by him. Female 
slaves fetch relatively high prices, because their future ofisprinj^ 
IS bought with them. The acquisition of a male slave is a life in« 
terest; that of a female is considered to be a perpetual heritage. 
This expectation will, it is hoped, be disappoihted. That some 
modification of slavery, in this respect, may soon take place, k 
devbiitly to be wished. The future of&pnng of female strives 
ought to be declared, b^ prospective le^littion, free; subject 
ontyto an apprenticeship, sirfficient to remunerate amplj tbef 
owners of the female slave, for bringing up her children, until 
they shall become of an age to render prc^table service. 

The price of slaves in South Africa has foilen somewhat^ withitr 
a few years past. Shortly after the abolition of the Slave Tra5dte; 
it advanced greatly : as was the natural result of a diminishdl 
supply and continued demimd. 

- The proportion of^ male to female slaves, at that time, was 
nearly two to one, ot more nearly nineteen to ten. The proper^ 
tibn of full grown slaves to children at a somewhat eftrly period, 
was about three to one. A considerable time would necessariljr 
elaj^, before this disproportion of male to female, and of grown 
pertons to children, would disappear. Meanwhile, the number 
df labouHng slaves must be in 'progress of diminution, while the 
ft>tttl number increased : and the value of & slave in prime of lifi^ 
tould not but advamce accordingly. OUcial returns show ^t 
the number of male daves hks been barely kiept up ^propagation; 



wbHetfaatbf fematet hat yearly increasedis ami it iippear»;lroia 
tiie registry of slaves^ that the tncrease, or excess of births above 
deaths, of male slaves, now is little more than one per cent, whtk 
that of females amounts toytwo and a half per cent. . The mean, 
which IS fifteen per roille^ aided by accession of free, labouren, is 
sii^ient to iasce the tiemand on labour and keep dawn the pnoes. 



III. 

RELIGIOUS INSTRUCTION OF SLAVES AND 
HOTTENTOTS.-.See p. 76. 

. MuHAMM£X>ANiSM is ^id to be gaining ground ampng th^ 
slaves and free people of colour at the Cape : that is to say^ mpre 
converts aipong negroes, and blac)^ of every descriptionf ~aDe 
made from Paganism to the Musleman, than to the Chifislian re- 
ligion : notwithstanding the zealous exertioiiSu of pious mission- 
aries. One cause of this perversion is asserted to be a marked 
disinclination of slave-owners to allow their slaves to be baptized; 
arising from some erroneous notions, or overcharged apprehen- 
sions, of the rights which a baptized slave acquires. Slaves^pef- 
tainly are impressed with the idea, that such ^ .disinclin^tioii 
.subsists; and it is not, an unfrequent answer.of as^^ve, when 
asked his motives for turning. Mudcmofiy that ^\ some rejigion hfB 
must have, and he is not allowed to turn Christian.'! 

Prejudices in this respect are wearing ^way,; and less discou- 
ragement is now given to the conversion of slaves t|ian heretofore. 
Masters, it is affirmed, begip to find that t^heir slaves serve not thje 
worse for instruction, received in religious, duties. Missionariei, 
who devote themselves especially to the religious instruction of 
slaves, (and there is one in each of the piincipal towns,) h^ve iq- 
creasing congregations, and hope that their labours are not un- 
fruitful. But the Muslemau priest, with less exertion, haii a 
greater flock* 

Considered with reference solely to temporal views, the preva- 
lence of Muhammedamam among the i^laves of Cbrbtiari masters, 
must be deemed a political evil. The difTereuce of colour fur- 
nbhes already but too broad a line of distinction^. Add the dtf- 
ferencc of religion, and the Itne of demarcation becomes yet wider 
and deeper. A hostile feeling, nursed by religious animosity, 
may excite the slave against the master; and the colonist of 
, South Africa may, ert: long, ft ud himself (as tbe earlier colonists 
did amidst newly imported slaves) surrounded by domestic foes, 

Oa the other hand, it is made a question, still with reference to 
worldly considerations only, whether the Muhamraedan slave 



KeTisr in. 

inol a belter KrvMrtdnfitKeChrfttum. Htssdbrteiyrftt is 
sffiniMl, omImmi uBcadB fortomc lU boliils irttendaiit on Mufasm- 
iilinkni^ Cbraliiiis, slavet as freenen, blacks no less tbasi 
wUtas^are, it it bme^Uible lo My, &9vmk0ff^ 

MistioMrin of all sects, in tbeir estabiishineiits^ where they 
kme asitnbled Hottentorts to ciTiliae and mtrvx^i^tm, h%ve 
wisely followed tde example of the earlier Moravian missions, in 
making lessons of industi^ go band in hand with religious instruc- 
tion. I am led to think, that they have improved upon that 
model. In the vicinity of a Moravian mission, there is not much 
benefit observed to flow from that institution. Within its limit, 
a cerlam degree df indtistry ents^ suflkietit. to provide ibr /ew 
and simple wants. The HoHtalott, residing there, work just 
enough for tbeir support. But the village furnishes no artisans to 
tbe ndgbbourbooa ; no day-labourers ; scarcely any servants. 
At the Protestant missionaiy stations, more instances are to bfe 
fanrnd of aequh'ed wealth among the Hottentofo ; more refined 
wants; more persevering industry for the gratificatian of theni. 
ill eftffimtion, the Monman Hottentots make no advance beyond 
tbe first step : tbey are stationary. The others exhibit manifest 
p re greae ; and «n useful class of artisans is rising up among tbem. 

Beyond the proper limits of the colony, the labours of thePn>- 
lestaut missionaTies have been yel more conspicuously beneficii^ 
'tb«» vithtn its boundary. Missionary stations have grown into 
villages, not to say towns r (for instance, Klaar-fontein or Griqua- 
lewnO where agnctflture is thriving. Amity has been testal^sned 
in solitudes, wli^re private warfare alone raged. Even the lonely 
basbntau appears to be reclaimed, and resorts to the haunts of 
Men. Tbis change has, no doubt, been brought about partly b^ 
Ibe sHeMt operation ef mere forbearance, since the colom$ts upon 
tbe frontier have been effectually restrained from bunting dowfi 
fbe bushmen, to slay tbem in the thicket; and partly by the 
tfhreeteffiBCf of the missionaries^ exertions, to soothe and fkmilianze 
tbem. Thus domesticated, they are become, and are becoming, 
aervtnls of colonists, whose flocks and herds are pastured near the 
ftontier. 

Tlie whole tract between the declared boundaries of the ccrfoiw 
ef tbe Cape and the great Orange River, is Ikst becoming a de- 
petideney of die Cape, without bdng fbrmallj included in its 
domain. It hwn «rid region, and no valuable acquisition to the 
•eelon^ ef South Africa. Such as it is, however, St wfll at no dii^- 
tant time become an accession of territory, which wfR probabfy 
extend the colonial limits to the Orange River, and rndte 4is tl^e 
bovndatT; which, ft must be confessed in its present drcuni- 
tiaiiees, IS fbe natural one. 



HOTS IV. 9&1 

IV. 

RESOURC£S.--See p. 9*. 

It is al aU times with (be utmost deferefice for the autho/s 
8mpl«r knowledge, derived from long acqnaiotance with Soutli 
Africa, that I intimate any d«$eQt from his ppinion. I canaot* 
however, think quite so ill of the future. prospect and resources of 
tlue Cape, as the text seems to express^ 

Thoiigk good soil, well situated, is there scarce, comparatively 
with the prevalent barren rock of mountainous ranges, the sand 
ub4 gravel of downs and beatba, and sterile ground ceudeied so by 
situation^ notwithstandiBg its natural fertility, as the elevated arid 
plains of the Karroo ; yet iherai is stall OM^h gpod corn^land on 
either side of the great chain of monntains ; both in the western 
districts^ which are esteemed the gmnary of the old colony; and 
within ihe diain of mountains,, or beyond it, where difficulty of 
Ivaosport has opposed ohstacl^ not however to be. considered a» 
Utterly insurmountable. 

To any person who has vdewed the more arid countries of Asia, 
whether Arabia or Western India* or the less arid of the south of 
I^urope, and has likewise visited South Africa, it is apparent, that 
the colony of the Cape is yet unprovided with suitable means #C 
transport for internal tmfiic^ It lias not the appropriate beast of 
burden. The ox seeroa ill adapted ta the purpose for which it is 
there employed. The mule or the ca«M» would, most likely be 
preferable. The ox is sluggish and suffers much by heat and 
drought. The mule is hardy» and capable of mucb labour, witb 
scanty and coarae fiue. StiU more so the camel, which i$ th(e 
fittest of animals, for arid oountries in bet climates* , . 

When the mule shall have become common, or perhaps when ihp 
ca^nd shall have been introduced and become ao, GaDeTown^ ^nd 
any other town wtrhich may have jHlvanoed in populousness^ will 
draw ampler supplies than At pre9ent» wiUi greater facility^ ham 
remoter stations; from pkaces whism the hushaadmaniiow restricts 
liiB a^fricoltural cxertioiis lo raise bareW enough ^ the use of; his 
Ismily, ^cause astirplui would aot^my the f bai;ge of tr^w^po^ 
lo a discasiit market. With : better means. of conveyance of his 
pfodfMe, witli camels as cmriafe cattle, or with mules, for draught 
or binieiH he wiU have iihie opportunity of profitably seiufing a 
torpSas production from the arable of jhi» fiaria to a r^mott^ mart^ 

It is snuch to he wished, tbeoefoflcw . that thp fostering hand, of 
fAwsriment should be Wretched Ibrtk, to a^complisli the intip- 
4l«etionof« breediogslodcoCcafDels^foimlAdiaorfrQn^ Ara^ 
and likewise of Arabian or Spanish asses. The difficulties in the 
way of ibeir introduction are fiot to be overcome in present cir- 



dfift KOTE fV. 

ciimtCMiees, by unaided em^rprijeof individiiak, but would be 
ligbe, aad would be easily auivp^nted, were the matter under- 
teken under the auspices of the government. 

Arid countries, .inch as Sooth Africa, ape peculiarly favourable 
to the breed of asses, as of horses ; and no doubt can bf^ enter- 
tained, that, with very little end^ura^einent, the Cape may^oon 
possess an i4>pro^^ breed of both animals, and not only become 
sufficiently stocked with mules, but at an early period export in*. 
stead of imperting tbetu. 

Among objects of agricultural industry, for neglect of which the 
planters at the Cape are reproached, as not having made sufficient 
trial of tbem, most of those which the author has noticed, in vindi- 
cating ^e Oiq>e-boen from that imputation, are certainly unpro- 
mising. For «6me, the soil is unsuited ; for others, the dimate : the 
winter is too severe for certain productions, or the summer is too 
dry. Yet there are tnany objects, not comprehended in that enu- 
meration, which are more promising, and of which no sufficient 
trial appears to have been made. The olive is, perhaps, in that 
predicament ; the cork tree likewise; and anost likely the date. 
They are productions of soil and climate analogous to SoutE 
Africa, especially the cork and the date. . i 

' Not improbably the silk worm might thrive ; possibly the co- 
chineal, or else the kermes, or the lac insect. Beerhives might 
be profitable for their wax. j 

The tea-plant should be attempted, for the Cape has been re- 
'peatedly named by judicious writers,* as a place. where it.is likely 
'to succeed. The districts of China, in which . the tea-plant is 
successfully cultivated, lie betweeji the latitudes 25° and 35°; 
the situation^ best adapted to it are hilly, and even mountainous ; 
the soil is gravel, derived from disintegrated granite. ^ 

The culture of alkaline plants for barilla is evidently indi- 
cated by soil, situation and climate. 

A list of sul:jects for experiment, which offer a reasonable pre- 
sumption of an .advantageous result, might be etMly enlarged, 
with reasons for entertaining exp^tations of success, if a fair trial 
'is made in South Africa. But it suffices to state, as a general po- 
sition, that vegetable productions of temperate and warm climates, 
may be * expected to suoceed at the Cape, provided the known , 
halntudes of the plants are not incompatible with drought in sum- 
mer, or wet weather in the cold season. The various productions 
of cooler climates here constitute a winter crop ; those of hotter 
climates, a summer one: but since drought prevails in the hot 
season, and winter is the time of the .rains, thote tropical plants, 
w^ich need much moisture, cannot be expefct^ to succeed in the 
one ; nor such productions of cold climates, as fear it, in the otherl 

* Charpentier Gossigny, p. 54. Ckurke Abel, p. ft !S. and others. • 



NdTJE tv; 858 

';A botanical and lierticcirCdt^l ei{tttUMihi<efit at Ae Cifi^ of 
Gddd Hope would be df the untied iHilityr if instituted fbrpnc* 
lical lib less than scienti6<^ purposes ; to advance the seience ©f 
botany and the art of hoitictif liine, and, at th6 same tiine^ to^ serve 
»s a ntiri»ery fbr t^ introdaction and propag|atiott of ex«ftcs, and , 
dissemination of uaieAil plants, in South Africi: ^ 

Fratn a garden estabfished and maintaintld with such viewiy-er 
through the facilities which the superintendant of it might and 
should a^rd, the agriculturist would obtain seeds of new varieties 
of every sort of corn, with various other, objects of field culture 
familiar to temperate climates,, qr even warmer or colder coun- 
tries. The horticulturist would be furnished with seeds and 
stocks of 4hnt'rree^, ciilinary vegetttb^es^ andleraai/iemtail plints, 
from every quarter, likely to thrive at the Cape. The planter 
wouW besfippUed with yoiu^g timber, or other Mseful planl^or 
seeds, for his .woods and coppice. Much is yet to be learnt at tht^ 
Cape 10 i*c;gard to gardening, planting and agncutture. Profitable 
fruits, yet unknown there, may be Advantageously introduced ii^ 
a climate unquestionably favoumble to the production of fruit. 
Green and dry fodder of all kinds, yet untried and unthought of, 
may be brought into use where fodder for cattle is ap much 
wanted as it there is. Varieties of corn> less affected by irra^gu- 
larity of season than those which ai^e now cultivated, may b^ 
Vneficially propagated. 

Small trials might be made, upon the result of which larger 
experiments might be advised, and seed could be furnished for 
that purpose : whence useful objects would gradually gain atten- 
tion of cultivators. 

Here the tea plant, which Mr. Clarke Abel, recently after 
visiting the interior.of China, judged likely to thrive at the Cape, 
might be tried; aitd, as at Brazil, the ptobable success of the ex- 
periment might be promoted by assistance of a few Chinese, ac- 
customed to the cuHure c^ tea« Here the white mulberry, and 
upon it the silk^wo^ra, might be nursed: perscm conversant witii 
the management of silk-worms being pur|k)sely provided as in;- 
struetors, either fr6m China, from Bc^ngal, or from the south of 
Europe. Such undertaking? are beyond the' reach of individual 
entei^rize, and can onlj^ be attempted with the aid, or ut^er the 
patyohage, of the.gover^dtM^lit. 

Under such superintendence, aM with the protecticfti and 
assistance of the government, the ricinus with its silk-worm from 
the north-east of Bengal, may be tried ; ,the cattus'dpuntia, with 
the cochineal, from South' America; the quercus cocci fera, with 
the kermes, from the Levant; quercus suber, frohi Spain or th^ 
3outh-west of France; the phoenix daetylifera, from Arabia. 
Ntiw varieties of grapes and of olives may be introduced. : .Dying 

A A 



9H N<w?fi!i^* 

diffMeoCdiinate.}- tikaline pUm^ft fit to k^ o^Uiyatje^ A>r >aiJUfii 
wgrttUe pfodi»clii»M of every kii^d^ #4^pt#d ipr locsi) .use^Of 
fMftblii pf becoming, elects of ie«f>oi^,inay, t>e (li«»emi^teU. 
. Tb« wlK4e«xpet)ii»<>r luch i^lK>t«pic«U estabUsbin^i^a4 iiu^ 
•ery of planU nee4 Dot be gratt* It wouU bc^ repaid j^n.timh 
Muvd ibldy by the public bene&ta whicb y(o\i\d how Ji^m the 
iMtiHitioQ. 



POPULATION OF THE CAPE OF GOOD HOPR 
See p* 107. 
Trb population of the colony of the Citpe of Good Hop^ 
was estimated by Mt. Barrow,* on the authority of bfHcial re- 
turns, in 1798, at 61,947 persons. It now atootints to nearly 
double that number ; and the progress has been as folloni's z^^ * 

1798. 1806. 1810. 1814. 1819. 1821. 1821. ' I82i 

corrected, estimated. 
•l»94r 75,145 81»l«f 84,009 99,026 ll5,90St [116,044] lfO,00Ot 

The number of free Hottentots not being correctly ascertainetf, 
was stated, upon a rather vague estimate, in 17!^, at 14,4474 
It has increased to 28,835 ; the number ofiicially reported iik 
182t. This does not include the whole of the Hottentot popula- 
tion ) but it does comprehend many of the bastard ofispring of 
Hottentot mothers by European or Creole Others. 

Official feturhs of other free inhabitants have uniformly beett 
more correct. They exhibit a quicker growth of populousness. 

179^. 1806. 1810. 1S14« 1819. 1821. 

21.746 25,172 30,937 34,339 42^854 51^1 , 

This very rapid incteaae has, domblleas, been partly fmmg to 
iKiMigr»doa ; and aolably in the year 182(V ^hea aaen tWa 
4^000 peiaottt aimed as settlecs. $ 

Emigradon frona QBeat fiikaia to South Africa, so fiu as can 
be ascertaiaod^ had previomly liteB^ 

In 1816 46 In 1818 230 . 

I8I6 85 I6I9 429 

1817 419 

• S.AC.|i.sra.(lai€4.) 

t Incbdinaaettlenwlio aimed in 1820. Add sbvea» wm i^sbloed tloB 
lepoited to Uie tax<ofice, t,l41. 

t & A. s. sra. 

$ LaadDd fai AlgM Bay, 5i6»; besides ikM iMded m SOdvifca Baj, aai 
a ^MMj lew in T^Ue Bay . 



JVQTE V. 865 

As Ibe |»rof>oK}#n.of male emigrants' h always .groiksty si 
4i$pwly;of the iex<».bas >e«n uiiitoml>^.stK>^i) by theccnsns of 
every year. The ratio of males to females was nearly the saaMi 
hr Ihiirlfieli yearsi Arom 1806 (oj^lft vin. it tk^ 10. U win 10 
to 9 in 18^1., The actual aumber of females, nearly Q&fiOOm 
1831, answers to a settled popqlation of more than 50>000.free 
inhabitants of both sexes.- 

DefitbS) according to the Register of 1821, are to the whole 
icee pppKdatioa.as 1 in 50. BirUis more than twice as many. 
. Among islayesy the disparity of the sexes ^vas very great, while 
iniportatiott was peroijtted : iov more maiea than femaks were 
constantly imported. The proportion was in consecfuence nearly 
19 lo 10. : But since the abolition of the slave trade, the tinmber 
of females is augmentii^; and by degnees approximating to 
equality with that of males; as .might.be oxpeaed. . ConfvNng 
the attention to females, as it is their ofl&pring which is born to 
slavery, without any reference to the servitude or freedom of the 
Bttfaer, the ratio of anntial increase appears to have risen from ^ 
2 per cent, to 26 per mille. 

This likewise was a result to be looked for. Full grown slaves 
were relatively numerous, while the slave trade continued ; and 
aaortality among them was,, of course, relatively great. It is 
rated by Barrow* at 3 per cent, annually. It is now short of 2 
per cent.; and among female staves, barely exceeds 15 per 
mille. Births are as 4 per cent. 

A remark, however, should be here made. The registry of 
slaves, which may be implicitly trusted for the number existing 
at given dates, is not equally to be relied upon for intermediate 
Casualties. No owner, indeed, will neglect to register his young 
slave, lest the property be forfeited, and the child become free ; 
nor will he omit to report the death of a registered slave, lest the 
poll-tax continue to be payable. Yet a few slave children die 
in early infancy, previous to registration; as some free-bom in- 
fants die before baptism : and neither the births nor the deaths 
of such children are officially reported. This presumable source 
of error affects the proportion of deaths and births, but not their 
difference, which determines the ratio of increase to the popula- 
tion. 

The register of slaves exhibits a greater number than the 
official returns of taxes, as has been before intimated ;, probably, 
runaway slaves are included in the register, and suppressed in the 
tax-returns. The registry is continued, as the claim of property 
is retained ; for the sale of a runaway, untaken, ^s no unfrequent 
transaction* Every week's Gazette contains advertiseipents of 
sui;h sales. Yet that is not the chief source of disagreement 

• S. Af. ii. 344. 
A A 2 



856 



NOTE V. 



betire^n the register and tbe opgaaf; for the itserefMtticy h 
greatest in respect of females ; but runaway slaves are for tfe« 
most part male. 

The number of female slaves, at the beginning of the year 
1821, was 14,000; and, increasing at the rate of- 25 per tnille 
annually, would be doubled in 28 years; or, allowing for thai 
increase being not immediately prollBc, in about 30 years. For 
the annual augmentation of the number of female breeders is not 
exactly proportionate to the totat increase of females within tite 
year : but to that of a former year. The ratio of 25 per mille^ 
when the increase took place, is nearer to 2 per cent, when it 
becomes available for an augmentation of breeding females. 

The number of male slaves, at the same date, in 1821, ex-^ 
ceeded 20,000 ; and the probable increase, in the like period of 
30 years, may raise it to 32,000. 



SLAVES. [ 


Male . . 
Female . 

Total . 


Per OpgaflF. 


Per Registry. 


1798 


1806 


1810 


1814 


1819 


1821 


1820 


18^1 


1688« 
8872 


18956 
10163 


19821 
10600 


19862 
11366 


19507 
12802 


19164 20098 
13024 13743 


203l» 
14017 


25754 


29119 


30421 


31128 


32309 


32188 


33841 


34329 



Emancipation of slaves sometimes taking place, tends, so far 
as it goes, to augment the free population, and to detract from 
the increase of slaves. The number set free is not great; (no' 
more than six male slaves and twenty-six females were manu- 
mitted in the course of one year, 1820;) and the general result,' 
therfefore, is not much influenced by this cause. 

Another class of persons remains to be noticed. It consists 
of prize-slaves, or people rescued from illegal slave trade, who 
have been bound to service for a term of years, and are reported 
in the census as apprentices. In 1819» the number was 1,373; 
viz. 961 male and 412 female : in 1821, 1,369; viz. 9I8 male 
and 451 female. 

Other apprentices, whether expressly articled as such, or be- 
coming so by operation of law, are blended with freeinen or 
with slaves, under one or the other designation. The master of 
a Hottentot servant, who is at the charge of bringing up his sefr- 
vant's children, is entitled to the service of each child, as an 
apprentice, for a definite term ; that is, to a specific age. The 
master of a rescued slave, or prize apprentice, will, probably, be^^ 
deemed, in like manner, entitled to the service of the offspring 



NOTE V. 367 

bofnnivd bred up injiis fkmily. Tlie whole class falls then nHtu^^ 
TflMy amoQg free persoDs of colour. 

A question, not devoid of interest, arises concerning the dis- 
posal of prize-apprentices, on the expiration of the terra (14 
years) for which they are bound.. They neither can be held (n 
ihrakknn, with any semblance of justice, after that term expires; 
nor can they be with safety cast loose, and abandoned to their 
&«^n- sole guidance and discretion. Fancy may conjecture a 
fliiddle course as likely to be pursued. Perhaps they may be 
required to bind themselves in annual service, but allowed to 
seek masters for themselves, in the first instance ; subject to be 
treated as vagabonds if they remain out of service or employ^ 
ment, and with no visible means of livelihood ; and liable, there- 
fore, as the penalty of their vagrancy, to be articled anew, for a 
limited term, to a master selected by the magistrate. 

Data are wanting to distinguish the proportion of free persons 
of colour among the Creole population. A conjectural estinjatfi^ 
|»ity, however, be deduced from the relative numbers among 
householders in Cape Town, The whole of the free population 
6f the town, according to the census of 1821, was 9>76tl ; enu- 
merated householders were, at the same time, 1,553 ; and among 
these, 160 appear to have been persons of colour ; Christian and 
Muhammedan. The proportion, therefore, is rather mor^thaii 
a tenth, and would imply hearty a thousai^d persons for the 
%thole number resident in Cape Town. Mr. Barrow* reekonecT 
718 in the Cape district, in 179^9 when the total of free popula** 
tlon in that district was rated at 6,26l, The proportion then 
wa& little more than a ninth. It certainly is even less in the. 
country than it is in the town ; and free persons of colour (ex- 
clusive of Hottentots) are by no means numerous throughout the 
colony, nor fast increasing. 

The census of the Cape, deduced from returns to the tax- 
oflfice^ does not comprise s<)journers ; nor the troops in garrison^ 
Aor crews of ships in harbour ; nor those of vessels belonging. to 
the port, but voyaging; nor unsettled inhabitants, homeless and 
roaming, as runaway slaves, wandering Hottentots, and servant* 
out of place. Without taking these to be numerous, yet added 
to presumed concealment or suppression, in official returns, they 
strengthen the opinion which is prevalent, that the actual popu* 
lation of South Africa is greater than has been stated. It may 
be safely affirmed to exceed 120,000 persons in the present year 
(1«22). 

Cape Town, which, in I79^»t was estimated to contain about 
5,500 white inhabitants and free people of colour, an(f 10,000 
blacks; and which in 1806, according to the census then taken, 

• S. Af. ii. 34«. t Barrow's S. Af. ii. 340. 



3S8 voTS V. 

did eonn^ 6|4SS «f Ui« omt clai», and SiSS^ of die otkMfF r m 
now inhabited by nearly ten tbonsand of each descrijp^oD ; v'i^ 
in 1821, free infaabitaott^ 9T6i^ slaves, apprentices, and Hot- 
tentots, 9*^1 • 

Cape District, including Cape Town and Simon's Town, bad a 
pep«ialiottof 18,U2 in 1798; and 23«998 in lS06i accordkit 
to tbe censM taktm in those years respectively* U now cpa^aii^ 
S6,487 persons, according to a recent census corrected by Hm 
MgisUyof slaves. The number of slaves in tbe^distoci. Ua» not 
increased. It was in 1798, 11»891 i in 1810, 12,084; in IHU, 
1 1,784. The augoientation has been among the free inhabitants, 
Uom 6,261 to 12^15 ; nearly doubled in 23 years. 

The m6re rapid increase is in the eastern division of the 
colony, GfaafHeynet, which contained 4,262 fre^ inhabitants, 
according to the census of 1798, and 5,786, according to that of 
1806 (indttding- the district of Uitenhage). It now contains 
14,081 ; or, with tbe old and new settlers of Albany, 19»247. 

£roigfali6n fron ihe^ western districts of South Africa ba^ 
ooBtffi bated to this quick growth of populousness in the eastern 
dtvision ; mad the western districts have nevertheless made great 
tdnrancea in the same time towards doubling their numbers, being 
iaortsMed from 11,223 in 1798, and 13,508 in I8O6, to I9t969 
m 1891. 

It is needless to pursue a detailed comparison farther. Enough 
Ins been said to show that. tbe growth is rapid ; and that it is so, 
evto apart from innnigration. Tbe increase of slaves, without 
accession fixnn abroad, goes to double their number in thirty 
years ; and a yet quicker augmentation is to be looked for, as 
marriage becomes more sanctioned, and promiscuous intercourse 
discountenanced. Hottentots, according to local registers of 
missionary stations, recording births and deaths, multiply at a rate 
winch should double their number in twenty-five years. Creoles 
vmltiply not less rapidly. It would be no \ery presumptuous 
stretch of fore-knowledge, to hazard a prospective estimate of 
a much augmented population in South Africa, a few years 
hence. 

A curious speculative topic might be proposed, to con^der the 
probabili^ of the population in the South African colony be*- 
coming ultimately Creole white. At the earliest census which 
has been published, the free inhabitants (for tbe most part white) 
were but one-third of the whole number. According to the 
latest census, which has been yet made up, they approach to one- 
half. Would it be too much to expect that the white inhabit- 
ants will continue to multiply faster than the black ; and that 
the tinge in mixed blood will grow continually fairer? From 
moral causes, (or, in another sense, from immoral likewise,) the 



offspring is rarely darker than (his female parent, but very: often 
fairer. The mixed blood assuredly tends more towards the white 
than the swarthy hue. In process of time, the same causes, cpi|- 
tinually operating, may have a sensible influence. In any cas^, 
it is devoutly to be hoped, that the population of South Af^a 
will, by and by, exclusively consiu of free inhabitailts, whatever 
be their complexion ; ibr the existence of slavery is an evil, of 
which the removal is to be earnestly desired. . 

This reflexion appertains to a different subject, abrogation of 
slavery and emancipation of slaves. 






i 



•r 



I 



■} 



I 



1 



i 



III! > 



ii's" 



lllll^ 



*f|J8S 



sf«r3r« 



f^ V4 ^ «i« «^ ^ 



11115122 



L 



ISSN'S"! I 



^ »I«*8=-||J 



jimiiiijijj 
II «iJililiri:i 



I 



^§3" 



|«5S| 

& 6 «» s£ 



s 






J!MllilllP I' I 



I 



■ s 



iiiiiliii^,! 








c 






II 






tH 






^ 






o> »» 






^ o 






2s 


^ 






\ 


1 


if 


2? 


1 


eS 


^ 




^ *• 






CD ^ 
**• 






if 






5 




' * ! 



I 



■S. 
1 






-6 



-^■Ajt«^>.-^K^-: 



IfOTE.V-^ 301 



Sketch of the prognMPt State of the Mtoiwre for Cooverling and 
\ ' • ' Improving the Land Tenure in the Colony. 

Id October^ 1814, there were to be converted !2,206 loan 
places^ of which in September, IdSl, 410 bad been converted, 
containing <)70,800 morgen, paying rds. 25,649^ 2. annusil r^nt. 
Of new land, 680,011 J roorgen, have beea granted, paying 
rds. 34,412. 6. 1. annual rent. The loan prt/ptrt^ piaces aro 
permanent property vested ia the owners, of which the same 
number always remains at a fixed annual recognition of 2i rdii. 
for each place. Of 15 years' quit-rent leases, 206' reinajn, of 
which 186 have still difierent periods unexpiixd, and ^0 have at 
ililferent dates expired, from 179^ to 18!20, both inclusive ; and 
tbese remain, notwithstanding, in the possession of the occupiers 
without having been renewed. 
mh SeptenSter, 1821. 



VI. 

WINE.— p. 1Q9. 

Caps wine, inifK>fted into Eogtand, has been notorioasly bad* 
That which is commonly vended at Cape Town is liliJe better* 
Yet tbe gmpe, as a fruit, is here excellent, whether fetdied from 
the garden or the vine3'ard. Is South Africa {or that portion di 
it in which vineyards Imvie been yet tried) incapable of producing 
good wine-? Or is the prevalent bad c|uatity of it to be ascribed 
to ill managementf The sweet wine of Co^stantia, and a few 
crtber favourable specimens of both dry and sweet wioca, fumah 
an ans><^ ^ the first question ; for^ where some good is.iaiuley 
tliofe might be so. The cli{na>te is not unsuitable. Its mean 
temperaiuie; its utmost summer heat, its greateot cold, ai?e within 
the limits of the warmer cltmates of South Europe. It is dry 
and sultry, but not more so' than in the southern parts of Spain* 
Soil may be selected, aspects may be chosen, not unlil^e tho9Q 
where good vines grow in Europe. The fa^ilt, then, mu9t be in 
tke manageftient. But m what stage of it doe9 the defjt;ct ^bie% 
li«? The greatest part of the wine which has been imported into 
£tigUuMlh^ pofitive ill qualities. Among these the tpQst.promjr 
sent is, im mrtby Uttte ; aad next to that is, a prevalent dilute 
flavoiip of mufli^del. Perhaps another fault should have beei^ 
put ia^ilre ibipegtoond— 'mi uodisi^uised taste of brandy. But as 
elw cause of this is obvious, it hi^ no place in the pi^lem to be 
investigated, though it would occupy the chief one in tbe cpnsir 
dention of a remedy. The whole topic had l>e«n reconuuended 



3M NOTS vr. 

to my attention by more than one person in England, and I had 
otherwise aboildaiit tn^cem^ts to* eitter earnestly npoA tb<^ 
inquiry. I found ev^ry one sufficiently alive to Kbe subject. 
The very K>w price for which Cape wine had been recently sold 
in London, alurmed ihe merchants; the redacted' prices which 
ihey oflVred to the planters surprised these; every one tvaS me- 
ditttely or immediatel}* affected by the siiddcin fall in the value of 
thh, the niosi imjiortuni article of Sonth African commerce. '" ' 

Alluiiion hasj bien made to one of the' causes of 'deteriorationf 
of Cape wine— tht? injudicious nddition ofbrahdy, to /^r^yare it f6i< 
present use or direct sale. Even the purest alcohol, introduced 
in too large a quantity, or muin; niode«itely» but too near the 
lime for using ilie wine, will co m muni cute, an ovefrpowerrng spi- 
rituous taste; and, if the spirits carry with them any particular' 
extraneous flavour^ whether acceptable to dram drinkers, or un- 
palatable to every one, the particular flavour will predominate 
in the mixture, which is no longer wine, but spirits diluted with 
wine. If alcohol is to be at all admitted, or if it must be intro- 
duced, it should be in an earlier stage of the vinous fermentation, 
when the wine is yet new ; or the mixture should be long kept, 
until insensible fermentation, which is constantly proceeding in 
wine of whatever age, slwll have ble^c^d the ingredients, and 
mellowed the compound. But this would be beside the pur- 
poi^, wWch is, to prepare the liquor for immediate use.' The 
tfdditibn of bmndy would be needless, were the wine to be aflep- 
wmrds Umg kept ; prolonged fermentation would have itsdf stif- 
iced to develdpe alcohol and strengthen the liquiir. 

At to the prevalence of the muscadel taste in the Cape WFnes^ 
imfOMd into England, it is in like manner ovi^ng to fntsmanage^ 
Mehtof merchants more than of phmters^ The gmpe most ge^ 
lierally rand ektensively cultivated in the vineyards of Sotitb 
Africa, as 'hardiest and most productive, is entirely devoid '<tf that 
flavour: - it is the grotne drut/f, or green grape (so called, include 
}tfg<borh Xvblte arKl red varieties). From this gnipe a wine it 
madcf, which, kept to a third y^r, or for a longer lime, has ia 
airong body and nd bad flavour. Prepared for earlier use, M^th 
aid of brandy, it becomes Cape Madeira, Next In frequency is 
the itHn (fn^' or' stone grape, white and red,- affording a H^t 
wine, assimilated to Rbenish, andy^the foregoing, devoid «f tfaia 
taste' in questi<dn. Other: varieties of the vine, commonly ctilti*- 
vaCefd,:are the baunipiaUt^ the laehiyma-rhristi, the pohteic, thi 
fronlignani *nd th^ mus4^kd>6l; both violet latid whitei Proro the 
laSt-meWlioneid, sweet andi^diy wines are madie. The dry wine of 
those 'high flfti^ured''gth(^ retains' but-slightly thi^ir peculiar 
flylwAih- Th0 '^^pl^ctlvd :swe^t' wines poWer^lly do so; ankl 
tb^teCRti bi;'^li(tte«l6tflMf,tbttt's>iveet muscadel has frequently 
b^rt ^i^^'kfyf^PH^idhtkhi^ ; t9 give flavour to wiwes which* they 



NOTE TF. 3M 

de^aiM jbsipicL Iliielnitb is« that dealers «t Cape Te^trhaYa 
eoD»Kkired tbeiviBefi which they purchitte from planters, aeias 
ready-made iMtrcbatidi^v but as ra^w matecials, to be altered ami 
iaihioiied aecol^tng to their own tia&te and Judgment. Aa hrjiidi^ 
cious tmapfun^g with it has deteriorated iost^ad t)f improving the 
oamiiKieiity. Dealers ka^ietnsde an indiscriiiiiiiate mixture of all 
sorts^^ witfe coding: into their faaad^, and com pletedt he /^r«jMH 
ration with an. over-^ose <if brandy ; or tbey have added sweei 
wine, or boiled must^ fermented for the puvpose^ like rtuped wine in 
France,* tO) correct' the acesccmey of too weak^a vinous liquorJ 
The addititm of sweet wiae^ rather than* l^randy^ to an acesccnib 
Hquoryivoukl be well judged, provided one be taken that dbeS>noe 
introduce iapreddminant peculiar tasted But neither mustradel,' 
nor frontignan^ is desirable in ^ine of so different a character, as 
that obtained from the gr^ent «ad the a^eta: iruyomj It taints 
th«i roiNtuffe, instead of communicating an appreciate chorae* 

t<»- to it' ' . (^ . 

The blam^ has here been imputed to wine merchiintSTatfae* 
than to plantfersr because it is by no meins a general piiictic0 
with tbcae^ tei mix in the tomenting vats grapeis of various sor^. 
Some ua^uUedly d6 so, tind they do wlxmg ; but others carefld^ 
separate, ai their vintage, the diibrent vnrieties of grape prodfii:eii 
in their wneyards. 

it is ia well known fact; ibat the individual, who dealt mos^ 
kurgeiyitt'wine for seventl years after the opening of the iradeon 
the present footings of low duties on it in Londen, proffered and* 
gave to the wine boers one uniform price for all wine which they^ 
furnished hias^ whatever might be the denotifi nation or quality.' 
This indiscriminate purchase waa followed by as undsstinguishing' 
sale. A ■ heterogeneous mixture of divers sorts of wilie^ dashed un- 
aparingly with bi^dy, went to market as Ct^ Mmki^a, 

This rash proceeding- has beeti attended with very mischierevS' 
consequences* / The vine boers were encooraged to make tko 
greatest pcHisible quantity of* wine, with entire disregfiifd'Of its? 
quality, Tkey took to irrigating tbeir vineyards^, wkeinever they 
have oommand of water to effect it; The result has becm an 
abundant ^production of a w^k, insipid, or aeidttlousi wme, from: 
flooded vineyards. These misguided boers purposely imiuced 
what elsewhere wine farmerf earnestly deprecat^-^a wet lessen. 
A vineyard is thus brought into the state, to which mcessant rain 
would have reduced it« BcmIi the Hierchant and the wiiie boers 
aiie now, indeed, awakened to 'a sense of their error. But the 
mischief endures, because the boers imagine, that a vineyard, 
once acdustpmetl to be wattn-ed, would be unproductive were 
irrigation discontinued. This, probably, is mere prejudice ; and, 
/ , • . ... 

* Vin rap6. At the Cape, wine made uf botkd mast is mod £»r the nmH lend. 



S6i NOTE Vt. 

iivc^mrfkirfttiMi t>fnich a view of U, I am eiHibled todie tlieiiM 
•aiBC« of a planter,* who tried irrigation upon an old vineyard 
for ttvo jrmrtt and, finding that he nuide bad and sour wine, 
whare be belbre made good, has vliaased it, and retrieved the 
character of his production, by leaving off that ill practice. 
! The poorest aind worst wine does not now, as theni fetch the 
mme price with that of a better description. Bat the disparky 
between superior aad inferior qualities, between fym fasjfn and 
wyn oiWfeairg, is not so marked as to furnish a sufficient incentive 
to the phinter*s utmost exertions for the prodaction of the best 
quality. The lowest price that came to my knowledge was 35 
itx«dollars per kgger^ one year old ; the highest, short of 100, fon 
the same age. The disproportion in value of select and common 
wines is in other wine-makii^ countries very much greater. 
. On the cause of the ground^taste, or earthy fiavour, noticed 
aa ptevalent in Cape wine, I can oi^ no decided optaion. But 
as to the reason of its prevalence, in that which is imported iiic» 
fiM^lland; I entertain no doubt. It. is, unqoestionably, owing^o 
the mixture uf wine by dealers in that article. Instead of ns 
j(srting every sample, in which the ground- taste isinaaythe 
smklkat degree perceptible, or reserving such inferior specimens 
t0 be dispMed of for home consumption of the vulgar, die at« 
tempt has been made to weaken and disguise the ill taste. In 
the result the evil is diffused rather tluin palliated. I should 
hftve canfidentJy ascribed the ground-taste of Cape wines to the 
ill practice of watering vineyards, more particularly those of 
which the soil or subsoil is notably argillaceous, if the same 
earthy taste had not been noticed and complained of, before irri- 
gation was introduced and abused. . . 
'.Mr. Barrowf speaks of it as occasioned by bunches of. grapes 
resting on th6 ground, for .want of' props or espaliers, andi>y a 
slovenly process t>f making the wine. The latter may not, im- 
probably,, be the true cause ; and, assuredly, good wine is not. to be* 
made without much care. It is certain, too, that the grape loses 
ail its good qualities, if it hang so as to touch the ground.t But* 
it has not occurred to the best writers on the fabrication of wine, 
in France, to a;tlribuAe the ground-taste (U gout du terrmr) to 
that ctrcumstapce. , , .. 
Upon the whole, I incline to the opinion, that the earthy taste- 
of Cape wines is derived from the soil (or under-soil) of. via^ 
yards, where this is, as in m|py places it is, an argillaceous or a^ 
sandy loam, containing alluvial . clay. I know that the taste is. 

* Mftrtinos Snuit, of Riebeok KMteel. I was told so on the f pot. by his bro- 
ther, Michael Smut. Bpth are noted for the good quality of the wine 4:0m- ^ 
nionly roacle by tlieiti. 

t Travels in South Africa, ii. 4S2. (Ist cd.) ; 156 and 319. («d ed.) 

t Chaptal, EaMu s«r le Yin, 294. 



tiot uoiversal; ti^ I have observed it;in oo wine v^hicb cam^ 
from soil deriving its clay directly from decomposed felspar. ; 
• Irrigation has probably aggravated the evil in alluvial and mar 
nured soil. The sap in « vine, watered is not sufficiently elabo- 
rated. Water, drawn up too quickly into the vegetable circular 
tion, carries with it panicles of earth or mould unaltered ; and 
aiQong them, perhaps, portions of clay or of manure, which con? 
veyan undesirable flavour to the juices of the vine. 

Among various surmises, regarding the origin of the had taste 
of Cape wines, one remains to be noticed, which should not be 
passed by, as the objection, perhaps, tends to mislead. I allude 
to the practice of burning sulphur matches in vats and casks 
before they are used. So far from being wrong, as has been sup- 
posed and affirmed, it is at least unexceptionable, if not essen* 
tial, to a right treatment of wine. It is advised by professed 
writers on wine making,^ and the experience of every wine coun- 
try is in its favour. It promotes the deposition of tartar ; and« 
rightly managed, communicates no bad taste to wine, and oq 
every account should not be discountenanced. . ; 

Another surmise concerning the ground taste,, which has not, 
however, been alleged in respect of Cape wines, is, that it may, be 
owing to weeds. The vineyards of the Cape do not so abound 
with plants of spontaneous growth, as to render it probable that 
the ground taste can be here owing to that cause. . - 1 

It has been made a question, whether the usual situation, of 
vineyards at the Cape of Good Hope, any more, than . their soil, 
has been rightly chosen. The vines of South Africa are planted 
in valleys, either upon gentle acclivitiesy or ojti nearly level 
ground. In most wine countries the best vineyards are i^pon the 
sides of rather st^ep hills, and especially towards, the nuddle of 
the acclivity. Since the days of Virgil, the open hill hka been 
celebrated as the favourite position of the wine-bearing vine. But 
it is by no means exclusively the sole position fitted to the pro- 
duction of good wine. A gentle slope, or absolutely eveii.ground, 
is in many places the site of far-famed vineyards, for instance, 
Bourdeaux and Lisbon. 

In general, the steep sides of South African mountains are too 
barren and destitute of soil, to support vines or any other planta? 
tion. But the glens of hills, wherever there is soil to support 
vegetation, are planted with vineyards, and these are among the 
best in South Africa, for instance, ^he Paarl, Paerdeberg, Rie- 
beck Kasteel, and Groeneberg. 

The best soil for a vineyard, according to experience in other 
countries, appears to be either calcareous or volcanic ground, 
or else mouldering granite. Strong clayey land is not proper for 
the vine, nor yet a loose sandj but dry, light, stony ground, 

* Chapttil, Rosier, &c. 



espedftlly ealeareou^. Vblcatnb soil is'k'niwti to [irodace good 
wine. Some of the most'famed vineyardiB cif Ear^ tire pY^ed 
amidst extinct volcahpes. l^ecomposcd granite, likewise, bur- 
nishes good soil for vines. T%e celebrated flerhritage wiAe is (he 
l^rodnce of sach ground. 

Volcanic soil is nearfy unknown to South Africa j calcareotis 
ground scarcely exists in the older part of the colony. The ex- 
ception here hinted at regards an alluvial calcareous sand-^tone, 
to be found in the isthmus of the Cape, and a shell Hme-stone, in 
a few spots within the inland mountains. Compact Time-stone 
abounds in the new settled districts, eastward, ^here vineyards are 
yet to he planted. 

Mou^dering granite is frequent in the older part of the co- 
lony, and many ancient approved vineyards are in such ground. 
But in some of the valleys^ where vines are planted, the soft 
1^ fluviatile, consisting of alluvial day, resembling silt. The 
ittixtiire of this with sand, in various proportions, constitutes 
it either a sandy or a clayey loam. Both, probably, are ill 
adapted to the vine. 

The practice of manuring vineyards with stable dung, which 
prevaik at the Cape, is of questionable advantage. In some of 
the wine countries of Europe the same practice undoubtedly b 
jfbllowed ; but in others all animal manure, including dung, is pro- 
scribed. The use of composts and of calcareous dressings is to 
be preferred. The ground-taste of Cape wines is not improbably 
owing to the practice of manuring with horse-dung, as already 
observed. 

* The want 6f vine-props in the vineyards of the Cape has beeii 
jhcfntioned as an imputed defect, and even as a supposed cause 
of the prevalent ground-tast^ of Cape wines. It is Bcknotvlet^d 
that the fruit is spoiled (for it rots) if the bunch touch Hii 
ground. But the best writer^ on the management of vfn^farai 
advise, that the plant should' be low, on level, or riearly^eii 

f round; ftnd it is not uncommonly left to self-sqppoft ilrfh^ 
outh of France. A low vine ripens its fruit better than a high 
one. The intense heat of reflected sunshine 'extends to littlfe 
(elevation above the earth's surface; and reflected heal moclf 
exceeds that of the direct rays of the sun. ' Properly pruned, the 
vine soon acquires strength to uphold its annual shoots; and iii 
an old vineyard, the stem is high enough to keep its branchei^ 
and the fruit upon theih from the ground. 

In regard to the process of making wine, which is coiisitfered 
to be in general slovenly, as it is now conducted by the boers of 
South Africa, greater care to exclude both rotten and unripe 
grapes, and more attention to keep apart the vintage of distinct 
feorts, than now applied, may l|& strenuously advised. But vain 
is the care of the wine boer in tlvis respect, if select wines are to 



NOTfjyi. 367 

l^ wasted, ^,ber9torore,lti an ine^ectoal attempt to meliomte 

tne ordinary wiiie.'of the country, or, as has been also practised, 
ih' eking ont a few casks of good wine into many imlifferent, by 
mixing witli it oilier of inferior quality* Were ibe commpn wine 
of any the most famed country, Bungundy or Bourdeaujc, sent to 
distant markets with no discnmination or choice^ it would soon 
gain a bad character* The tin du pnpt the ti^j/n ordinaire, its not 
fit for foreign export; it can bear no dislnni transport, and is 
suited byt for common use of labourers and servants. 

Best wines must be selected, and thej must be reserved to their 
maturity. The want of age is not to be remedied by an aflTusion 
of brandy or of rum. Specimens of choice wine, mellowed by 
keepi^ig, are to .be tasted at the houses of the boers. These strong 
bodied wines require three years, at the least, for their maturity, 
Btit exported Cape wine is at market in LondtJn before a year 
and a half elapses from the time of the viutage. Wine^ that is 
within that period ripe, is unfit for exportation ; for it is too weak 
tp hear so long a sea voyage as is that from the Cape to England; 
and wine that can sustala the voyage, is not so early ripe, t no ugh 
no doubt sooner than that which is retained at home; for the 
voyage coptrihutes to accelerate the mellowness of wine^ Brandy 
19 no proper remedy in either case. Weak wine should be re^ 
tained for home comumption ; strong wine^ orwhatisiuaceplible 
q'f becoming so, should be kept till ilEi mellowness be sufficiently 
advanced. Either the boer or the merchant must enlarge his 
cellar and augment his capital, to keep wine for at least another 
year; at present the wine-boer cieai-s his cellar, before the new 
vintage commences* A regulation, of which the policy may be 
doabtedi restricts the inland import of wine into Cape Town, to 
a short period preceding the viutage. The r^bject of it is to pre- 
clude the mixture of new wine with old. The boer is thus en- 
forced to part with his slock to the town merchant, before the 
year is expired. . The merchant hastens to prepare it with brandy 
or with rum,* for the purpose of shipping it for England, with all 
Cfxpedition. His cellar is cleared before the inland import recom- 
mences* The English importer is in no less hurry to dispose of 
bis importation in London^ .. 

A notion has bj^en entertained^ that the variot\s wines ot Europe 
xjnay be exactly imitated at the Cape by a suitable treatment, or, 
in other words, that any given sort, of any assigned quality, may 
be here made. It requires, as is .thought, but the introduction of 
the proper grape, with correct in^or^mation as to the nature of the 

*** l^erfiaps it will scarcely be credited, that turn i^ eioployed at the Cape ia 
the ffrepttratUm of wine. I shoold not have haaarded the imputation, had 1 not 
(tiract lestiroonj to the fact. Bum has been imported at Cape Town, pur- 
posely for this use. 



368 NCTJs n. 

suit w^ick tfant variety of grape aflfects; and tlie cdnseqUenC^ 
ciiUivatian of it \n appropriate soil; and subseiauenlly copying, 
with precbion, the process followed where such wine has been 
usually made* The idea has been acted upon ; and means have ' 
been taketv to give it effect. Much benefit may, no doubt, be ex-' 
pected to arise from the introduction of untried varieties of 
grapes, some of which, upon a well conducted trial of them, may 
riot improbably be found preferable to any of the sorts hithertb 
cultivaietl in South Africa ; and more knowledge of the choice 
of soil, i«ethod of culture, and process of wine-making, cannot 
fail of leading to improvement; though the precise object, which 
is sought, should not be attained. 

The disliticiive character of any particular wine depends upon 
so many circumstance«i, any one of which being varied occasions 
a difference of result, that hopes of rivalling it by direct imitation, 
can hardly be entertjiined* The Maurillon grape of Burgundy 
is satd to have been long since introduced into South Africa, and 
to have been many years cultivated there ; but the quality of the 
grape h entirely changed j and it yields a wine in no respect re- 
semhliug Burgundy** 

But without looking to an exact imitation of the choicest wines 
of Europe, or to emulation of their particular excellence, it m^y 
he affirmed (hat the climate of South Africa is suited to the vine ; 
and that soif, anpect and position, adapted to vineyards, are to be 
found. A small quantity of good wine is made there, and much 
which is bad. Where some good wine is produced, more, as is 
presumable, might be so, by due care in the fabrication of wine, - 
and right manai^ement in the culture of the vine ; and what is' 
not less essential, proper treatment of wine after it is made. Let 
good wine be jielected ; let It be preserved genuine ; let it be 
kept to its maturity; and the character of Cape wine may be 
retrieved* 

The good seme of the merchant and of the planter, a right 
judgment of [heir truest interests, wjiich they would hest consult 
by so dealing, may produce this result. It would be sanguine to 
expect it, until the example of some one individual, uniting both 
characters, and sending choice wine of his own growth to the 
London market, unmixed and mellow, shall demonstrate that 
greater gain is to be thus obtained than hy any methods of adul* 
teration. 

Perhaps some approach to the same result inight be expected' 
from the rigid execution of the duties of a wine-taster; were' 
this office, which has been some years instituted at the Cape, 
administered with the rigour requisite to make it effectual for 

* Cliaptal, i* 264. An essay on Wiuc-making, written and published at the 
Cape, asserts the same fact. 



NOTE VI. 369 

any good purpose. This would place the wine trade under very 
strict pupilage, as it has been in more than one country of 
Europe. It is, however, a course not congenial to British feel- 
ings. The controul of a wine-iaster is liable to abuse ; and, 
what is almost as bad, to suspicion of abuse. Trade is fettered 
by it ; and, after all, may not be improved. Certainly it has not 
yet been bettered by the institution of that office, which, hither- 
to, has been but a tax and a burden. 



.(. 870 ) 



is 
g 






O 9k U) 



fi*4^^ 






I I I I I 



iSii^iiSi igiiS iiSiifenSiiSi »5i iSiigig 
s £^s fss ss ^r^ s?^ 9?^ sse 8^ ss SS S^ 5 



i{:iigiieiiSii3iigiiSiiSiiS»iSii?iiSiS 

S rs 8S SS SS 86 8g S? 8S 83 S3 8S :i 



I I I 



I I I I I itSiiSiiCngi I 

S SS ^1S 8S 8 



8888S88888888 



En 
O 



5§ 






I I i I I 






«S5 



I I I I I 






3 5 



« -fi J 

^ i A ^ ^ £ S 



I I 
I ll 



( 371 ) 
VIII. 

BRANDY.—See p. 169. 

The brandy of the Cape is yet worse than the wine. It is, 
without exception, bad ; and its ill taste is indisputably owing to 
a faulty method of making it: the defects of which are easily 
pointed out, and as easily remedied. That it should be reme- 
died, is very material ; for no mechanical wine-press being em- 
ployed at any vineyard of South Africa, much fermented or un- 
fermented grape-juice is left with the murk* imperfectly pressed, 
no use of which is made beside drawing brandy from it. 

To the murk water is added ; and after sufficient fermentatiori, 
the whole, liquid with solid, low wine, with husks, stalk and 
seeds, is put into the brandy -kettle, and distilled over an open 
fire. 

The topic of distillation of brandies from lees of wine, and 
from the murk or cake left by the wine-press, has undergone 
such ample discussion and full consideration of chemists and 
professed distillers, in France especially, that it is only necessary 
to refer to their writings.f 

Upon the result of all that has been said, or has been written, 
as deduced from the amplest experience, it seems to be evident, 
that no precaution short of that of straining the wash or low 
wine, and carefully excluding the drained lees and wine-cakey (the 
weiti'tresfer or murky) putting into the still only a clear vinous 
liqui*d, can be effectual for obtaining, by distillation, a pure and 
weli-tasted spirituous educt : and this method I confidently re- 
commend. 

From ill-flavoured brandy, pure alcohol, devoid of any ill 
taste, may, indeed, be obtained by rectifying it with due precau- 
tion ; and accordingly no small quantity of Cape brandy is recti- 
fied at a large distillery near Cape Town, and disguised and sold 
for French brandy, after lowering it to the standard of proof 
spirit, and infusing into it the peculiar flavour of brandy. This 
process of rectification would probably be needless, if the spirit 
were at the first distilled from a clear wash or low wine, instead 
of being drawn from moistened and fermented murk, contami- 
nated with the ground taste. 

The only useful purpose of rectifying the spirit might be to 
obtain a less dilute alcohol, to be introduced into wine for 
strengthening of it, if it must be strengthened by such a mix- 
ture. More body would thus be given with a less dose of purer 

* Mare de raisin; wein'tretter ; bagafo ; Anglici, murk* 
t Parmentier, Norinand, &c. 

B B 2 



372 NOTE VIII. 

spirit ; and useless introduction of water would be avoided. Bat 
so far are merchants of Cape Town from being aware of tbw 
benefit, that they actually lower the spirits with water, if overw 
proof, before they put them into wine, as I am assured on au* 
thority of an intelligent chemist who, in vain, sought to dissuade 
them in more than one instance. 



IX. 

FAIRS.— See p. nO. 

The establishment of fairs and periodical markets, recom- 
mended so long ago as in Barrow's Travels,* has not yet taken 
place ; unless in the instance of two annual fairs near the fron- 
tier, for interchange of commodities with the natives of countries 
beyond the limits of the colony. The distinguished author, just 
cited, proposed their institution at Algoa, SaIdanha,P\ettenberg*s 
and Mossel Bays ; and he anticipated, as a consequence of the 
institution of markets, the immediate rise of villages at those 
places. Since he wrote, small towns or villages have been 
founded in the vicinity of three of those bays — George Town, 
near Mossel Bay ; Bathurst, in the neighbourhood of Algoa Bay; 
Uitenhage, in that of Piettenberg's Bay ; besides missionary-sta- 
tions, or Hottentot villages, at Theopolis, &c. 

In place of choosing sea-ports, the scheme may be varied to 
propose the institution of fairs or periodical markets in every 
small town already established, wherever there is a local magisr 
trate, whether landdrost or sub-landdrost, stationed ; or wbere- 
ever a church has been founded ; (taking this as a criterion of 
competent access and sufficient resort ;) or else wherever a fre- 
quented high-road traverses the place, and affords faci^ty to 
traffic. 

Fairs are no where more wanted than in thinly peopled tracts : 
and public markets, held at appointed times, are essential to the 
prosperity of a country, whether populous or unpopulous. The 
peasant has not, and cannot every where have, a shop at hand, 
to which he may resort for the prompt supply of his wants. Nor 
has he always in his neighbourhood a ready purchaser of his 
agricultural produce. If he repair to the nearest village, he Is 
not assured of finding there for sale the articles which he needs ; 
nor of meeting there with a purchaser for those which he has to 
dispose of. He is under the necessity, then, of wasting a yet 
greater portion of valuable time, in travelling from distant places 

• VoUu. 



NOTE IX. 



373 



to the metropolis, to sell a load or two of produce, and bring 
back a scanty supply of wrought goods. Or he must be content 
to forego the use of well-wrought goods, and employ, in a clumsy 
domestic fabrication, industry which would be better directed to 
raise raw materials of manufacture ; and consequently be mis- 
applies materials which would be better exchanged for the 
finished productions of improved machinery and refined skill. 
Thus the African boer, his negro slaves, and his Hottentot ser- 
vants, are clad in sheep-skins, and ill tanned cow-hides, instead 
of bartering them for linen and woollen apparel ; and thus in re- 
mote districts and sequestered places, no agricultural produce is 
raised, or sought to be raised, beyond a provision for immediate 
wants, and for direct consumption on the spot. 

Let markets be held, from time to time, at places convenieDt ; 
let cattle-fairs be appointed at fit seasons ; and, no doubt, ven* 
ders of commodities, suited to the wants of the boers, will resort 
to the fairs ; buyers of cattle will frequent the markets ; pea- 
sants will bring the surplus of their herds and of their flocks, 
and the produce bf fields and gardens, to barter for goods, which 
they need, or which they may learn to desire. With facility 
of supply, the consumption of commodities will increase. 

New wants arise with facility of gratifying them, and furnish 
incentives for augmented industry. Apprised of a place and 
time of meeting, buyers and sellers assemble. Competition in^ 
sures abundant supply and equitable prices. 

The whole country would assume a new face : merchandise 
would be brought within the peasant's reach, and the produce of 
his fatm would be taken in return, without waste of his time ; 
and activity, now unknown, would be infused into commerce and 
agriculture. 



X. 



SETTLERS.— See p. 178. 

Without concurring with the author in all that is said on tliis 
topic, nor in deprecating measures for the promotion of coloniza- 
tion at the Cape, T am inclined to think, that the recent plan of 
settlement was not well devised, and that it has not been rightly 
conducted, nor properly executed. It has indeed encountered, 
in a succession of unfavourable seasons, a most serious obstacle to 
its success. With such disadvantage, the best arranged plan 
could not have prospered. But had the seasons been ever so fa- 
Tourable, the settlers must, as 1 apprehend, have met disap- 
pointment I for the scheme of their emigration was grounded on 



374 VOTE X. 

enoDeoof notions of South Africa ib general, and of the particu- 
lar districts to which emigration was directed. 

The early colonists of South Africa &at themselves down on 
iertiie spots, near springs of water, encompassed by an extensive 
waste. The wide range which they took, and which was ratified 
by the colonial governmeoC, to an extent of nearly iive thousand 
acres, allowed to each occupant,* has been thought unnecessary ;t 
and it has been imagined, that colonists might from the first have 
been placed much nearer to each other, or, at any rale, that more 
neighbourly colonisation would now be more successful. 

But the truth is that in a country so arid, and where by far the 
greatest part of the land is sterile, spots eligible for a first settle- 
ment are unfrequent. A first settler should have water at hand, 
soil naturally fertile contiguous, and sufficient pasturage for cattle 
adjacent. In process of time, with an increase of populousness, 
art comes in aid of nature. Soil less fertile is, by dint of industry, 
rendered productive. Water is sought beneath the surface, or is 
arrested in its course, and retained above it. Cultivated fodder 
assists natural herbage to sirpport more cattle with less ample 
range of pasture. The original sketch of settlement is gradually 
filled up by husbandmen settling nearer to each other than be- 
fore; and, finally, as close a pressure of populousness takes place, 
as improved husbandry may comport. In the older part of the 
colony progress has been made towards filling up the outline. 
The two districts which are nearest to the metropolis of South 
Africa (viz. the Cape district and Stellenbosch), contain twice 
as many free inhabitants as they did twenty years ago ;i and 
there is yet emple room for further growth of populousness in the 
sane ratio, and it appears to be actually in progress. But 
though inhabitants have multiplied, it is not clear that farms are 
much diminished in size. Estates have been in some cases sub- 
divided; and in others, on the contrary, have accumulated by 
purchase and succession, in fewer hands ; and upon the whole, 
the number of land-boers has not increased in exact proportion 
with the populousness of the districts : for husbandry is not ar- 
rived at that point of improvement, in Which "smaller farms than 
have yet been customary here, may be managed with advantage. 

- • The tenure of loan places has been rendered convertible into perpetual 
^lut-rent Four hundred and ten loan places, converted into a perpetual te. 
nure, and surveyed and assessed accordingly, between 1814 and 1821, con- 
Uin, by measurement, 970,800 morgen : the average is 2,363 morgens, equal 
|o 4,900 acres nearly. 

t Barrow's Travels in SouUi Africa, ii. 381. (1st cd.) 

tFreelnhAbitants > 1798 1806 1810 1814 1819 1821 

^^Town)**'^*^''^**^^^^ ^**^ ^^^^ ^'®* *^^ *^ 
5tdlenb<Mch (exclusive of) 

Tulbagh, Worcester, and > — — — 4361 50$ 1 6544 

Odedon,) 3 



VOTE X. 376 

The new plan of colonization^ however, proceeded upon the 
assumption, \hat the emigrants might sit down in close neigh-' 
bourhood to each other. Grants of land, offered to the settlers 
as the inducement of their expatriation, and earned by them at 
considerable expense attendant on the emigration of themselves 
and their companions, were restricted to a quantity of land, 
which in every other part of this colony would be inadequate to 
the maintenance of the number of persons required to be re- 
tained on the granted land, as a condition of the grant. A 
thousand acres of ordinary ground in South Africa, allotted 
in due proportion of arable and pasture, will i)ot suffice for the 
support of ten families, nor for the maintenance of ten adult male 
servants. Taking a most favourable view, and supposing select 
spots, and prime land, such as is rare within the colony of the 
Cape of Good Hope, that quantity of ground would barely be suf- 
ficient. But the supposition was inadmissible, for the country 
was not wholly new nor open to the first choice : the best situa- 
tions in it had been preoccupied. 

It has accordingly happened, that ten times as many people 
have been conducted to one place as could possibly subsist there. 
Eighty families were led to Clanwilliam to settle, where eight 
would scarcely have found scope for their industry. Positions 
were tendered to settlers, as at S^nderTcnd River, which upon 
inspection were declined, or upon trial relinquished. More than 
three thousand persons^ have been settled at Bathurst and in its 
neighbourhood, upon allotments to which that number of persons 
could nat be confined and live. Many of the settlers are already 
scattered and <lispersed; they have found service with the older 
colonists, or have flocked to towns for employment. The 
leaders of emigrant parties have experienced great disappoint- 
ment, severe loss, and galling distress. Their followers have 
shared their sufferings, perhaps, however, in a less degree. More 
enured to privations, the common labourers have less felt them ; 
or, wanting but scope for labour, have fied from hardships, and 
readily met employment elsewhere. 

The emigrant parties were by no means in general well com- 
posed. Several of them had been assembled from towns, and 
consisted of all descriptions of persons but the right one ; broken 
tradesmen, disappointed artists, and not one husbandman ;. not 
an individual accustomed to field labour, or acquainted with 
agricultural work. Under what strange delusion, or unaccount- 
able misapprehension, those persons emigrated, and were engaged 
to do so, it may be rather difficult to imagine. The one party, as 
it may be conceived, took refuge from present want in any 
change, he knew not what ; or he may have had no serious inten* 

* The number landed at Fort Elizabetfa^in Algoft Bay, between the middle 
6( April and end of Jtme, 1820, was ^659. 



^: 



'h- 



376 NOTE X. 

tion of proceeding as a settler to new land ; he sought but means 
of convejrance to an established colony, where he purposed to fix. 
The other party, the conductor af the enterprise, must have been 
careless or misguided, when he enlisted such recruits. 

Every exertion has been made by the colonial government to 
extend relief to the settlers : rations of grain, chiefly rice, have 
been issued, and still are so ; seed-grain has been furnished year 
after year, and again is so. Calamity has been alleviated, but has 
pressed sorely, and still does so. 

Too much facility is said to have been afforded by the local 
magistrates to the rescission of engagements between the emi- 
grants and their leaders. I credit this the more readily, as I know 
that a similar disposition was manifested on another occasion by 
mistaken and ill-judging magistrates in older parts of the colony. 

The emigrants, receiving rations from the government, for which 
they considered themselves not beholden to their leaders, and 
being discontented with their situation, whether with or without 
cause, became, at the very outset, refractory and disobedient. 
Their labour was withheld, or ill performed ; and, in place of 
correcting the evil, and giving redress where redress was due, the 
local magistracy aggravated the evil, by cancelling articles, and 
setting aside engagements, upon slight grounds. 

To these causes, — to the distribution of rations immediately 
firom government, instead of passing through middle hands, to be 
earned from them by labour, — to the inconsiderate annulment 
of engagements, on flimsy pretences, the early disappointment and 
unpromising condition of the settlers, even before the failure of 
their first harvest, are ascribed by impartial and observing persons, 
who then visited the settlement. The iiEiilure of every subse- 
quent crop, through two successive years, has filled up the mea- 
sure of calamity. 

It may be questioned, whether the country itself is quite so 
favourable for a settlement as supposed by those who advised it. 
The event has brought under notice the degree in which it is^ 
liable to drought. It has this in common with the rest of the 
eastern part of the colony. The rains are more regular and 
abundant on the west side of South Africa, than on the east. The 
rainy winds are from the west, coming overcharged with mois- 
ture from the Atlantic ocean. The high continuous chain of 
mountains, extending north and south, intercepts that mois- 
ture, which is condensed and falls in rain upoa their western 
sides, and on the belt of land which intervenes between that chain 
and the western sea. The eastern side of the high range of 
mountains more rarely experiences refreshing showers. The south- 
eastern winds, blowing from a colder towards a warmer region, 
are less charged with vapour; and that vapour is barely con- 
densed and rendered visible, as a mountain mist on the summit^ 



NOTE X. 377 

of high mountains : it does not descend upon the lower hills and 
valleys. The elevation of the mountainous range declines towards 
the east, and rain accordingly is there rare and precarious. 

The soil, it is said, improves with the decline of elevation* 
Lime-stone is abundant in Albany. Possibly, I might say not 
improbably, the soil and climate of the eastern division of South 
Africa, comprehending Albany and Caflfraria, may be found suit- 
able to the culture of the vine. But several years (not fewer 
than five) must elapse before a vineyard can become productive. 
Meantime the planter must subsist, and support his labourers. A 
colony of wine-farmers cannot be established on the sudden. 

Concerning Caffraria, 1 shall say little. The country is de- 
scribed as beautiful. Clumps of trees are there distributed by 
nature, as in ornamented grounds by art. The scenery is pic- 
turesque — the prospect rich and cheerful — the soil is said to be 
fertile. 

A settlement of this tract, commenced by persons who'have 
migrated from fhe old colony, and who have the benefit of expe- 
rience there acquired, is more likely to prosper than a colony of 
strangers from a distant land. Grants have been made to the 
officers of a reduced African corps, and to other persons who had 
claims on the liberality of government : they are not unlikely to 
thrive. 

I would not be understood to dissuade emigration from 
Great Britain to South Africa. Artisans easily find ample em- 
ployment at Cape Town, and are well rewarded there and in the 
country around. Husbandmen obtain ready service with plant- 
ers, and are well paid. The price of labour is high, and likely 
to continue so; and wherever that is the case, a labourer, who is 
disposed to be industrious, may be assured of success ; such a 
person may be advised to emigrate to a new country. Persons 
possessing a moderate capital might employ it at the Cape advan- 
tageously. But whether labourer or owner of a capital, an utter 
stranger is not the best pioneer of civilization. He will do right 
to establish himself in an older and settled part of the colony, and 
let the persons whom he displaces migrate to newer lands. An 
European, emigrating afresh to South Africa, should take up an 
old employment, analogous to that to which he is used, and leave 
it to one who has acquired experience there, to explore and open 
new regions. 

The only obstacle to the success of the English emigrant is, the 
want of sobriety, which is too common a fault among labourers 
and artisans. The cheapness of wine and of brandy is to many 
an irresistible temptation, and they become drunken and idle ; 
while the sober Malay or negro labours with more diligence, 
whether he be in freedom or in slavery, than the sottish free-bom 
Englishman. 

FIKIS. 



London Piintcd by C. Rowocth, 
B€ll-yaTd,'Teinple-b*r. 



[imm 



in 



M&TS SS 327 548^ 



This feook should be returned to 
the Library on or before the last date 
stamped below. 

A fine of five cents a day is incurred 
by retainiiig It beyond the specified 
time. 

Please return promptly. 




r